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December 11, 2017

Isn’t
The Where
Test You
Think
Lab It Is
For p54

Fake
News
December 11, 2017

9
MASON CUMMINGS

14  The Valley of the Gods, a part of the Bears Ears National Monument that will no longer be protected
CONTENTS Bloomberg Businessweek December 11, 2017

 IN BRIEF
14 ○ Xiaomi’s IPO could set records ○ Trump’s travel ban lives (for now) ○ Lamborghini names its first SUV … after a cow

 REMARKS
16 Imagining Berkshire Hathaway without Warren Buffett

BUSINESS TECHNOLOGY FINANCE


1 2
21 CVS wants to be 27 A helping hand for 32 Where are the
much more than the neo-Nazis and whales taking
corner drugstore other underdogs bitcoin?
22 Air France makes a 28 The British health service 33 At hedge funds, women
play for budget-conscious gave Google data without say they lean in only to be
jeunes voyageurs the patients’ permission edged out

10
23 An artisanal mocktail 29 At Silicon Valley office parties, 35 Capital One customers
generates some they’re still chatting up the might want to double-check
no-buzz buzz model at the punch bowl what’s in their wallet

25 An Indian maker of 30 Felix, the AI winemaker, knew 36 As the stock market soars,
generic drugs plots to just what to do when fires investors prefer bonds
upend the HIV market ripped through Napa Valley

ECONOMICS POLITICS FOCUS/


SMALL BUSINESS

38 In Venezuela, when 44 Mueller takes out 50 Running a small


the going gets tough, insurance against business is hard.
the tough play games a Saturday night Imagine doing it on
massacre a bankrupt island
40 Stymied in New Delhi,
Modi will try to reform India
devastated by a
46 How Reza Zarrab helped Iran
one province at a time
circumvent sanctions
hurricane
41 Have we been looking at 52 Women’s wear, the way
48 Playing favorites at the
the U.S. oil and gas boom we wear it now
Energy Department
through shale-colored
glasses?
53 Getting a start in the
49 Senate and House
sensory deprivation biz
conferees prepare to
wrap up the tax bill
CONTENTS Bloomberg Businessweek December 11, 2017

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Chris Meledandri, the businessweek
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66 How superlawyer David


Boies is surviving the Harvey
Weinstein scandal

16 46 48 53

Warren Buffett Reza Zarrab Rick Perry Sali Christeson and


Eleanor Turner
Cover: A demonstrator
in Manila pauses
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 IN BRIEF

Americas Europe
○ The Trump administration slashed the size of two national monuments ○ Apple agreed to pay
in Utah, breaking up what remains into five smaller monuments. Ireland
Together, the Bears Ears and Grand Staircase-Escalante areas will
lose about 2 million acres to potential development.
$15.4b
in taxes after the European
Grand Staircase-Escalante Bears Ears ○

41% 85% Union determined it had
Utah gotten too sweet a deal. The
money will go into an escrow


account while Apple appeals
the ruling.
Previous boundaries ④


New boundaries


New monuments
① Grand Staircase
② Kaiparowits ○

③ Escalante Canyons
④ Shásh Jaa’
⑤ Indian Creek 30 miles

○ Canada ○ Representative John ○ Venezuela said ○ U.K.-based Cineworld


Conyers Jr., Democrat solidified a deal to buy
scrapped a plan of Michigan, resigned on it would launch a fellow theater chain Regal
to buy 18 Boeing Dec. 5 after several former digital currency Entertainment for
employees accused him
fighter jets, backed by oil
$3.6b
14
of sexual harassment. The
according to next day, attention shifted reserves, gold,
to Senator Al Franken,
reports. Democrat of Minnesota, and diamonds to after a horrific summer
after Democratic senators, circumvent U.S. for U.S. movie ticket sales.
led by Kirsten Gillibrand of Cineworld shares dipped
New York, called on him to sanctions.  38 on the news.
resign over allegations of
harassment and groping.
LAMBORGHINI: COURTESY LAMBORGHINI. SALEH: MOHAMMED HUWAIS/GETTY IMAGES. FIRE: NOAH BERGER/AP IMAGES.

The decision escalates a long-running


trade dispute with the company. The
country will buy older Boeing planes
from Australia instead.

○ In contrast to ○ CVS Health agreed to buy ○ Nestlé said


Aetna for
SKELETON BOBSLEDDER: AL BELLO/GETTY IMAGES. MAP DATA: U.S. DEPT. OF THE INTERIOR

poor performance it would pay


among retailers
generally, Home
$67.5b
combining the largest
$2.3 billion
for Atrium
Depot announced drugstore chain in the U.S. Innovations, a
with the country’s third-
it would buy back biggest health insurer.  21 Canadian maker
○ Wildfires in the Los $15 billion in of nutritional
Angeles area quickly covered
tens of thousands of acres, shares and supplements,
destroying thousands of raised its annual furthering its
structures by the morning of
Dec. 6. sales target to push into health
$120 billion. products.
By Kyle Stock Bloomberg Businessweek December 11, 2017

Asia
○ Volkswagen’s ○ Lebanese Prime Minister ○ Houthi rebels killed former ○ Donald Trump
Saad Hariri officially Yemeni President
Lamborghini brand rescinded his resignation Ali Abdullah Saleh said the U.S.
unveiled its long- on Dec. 5, after his cabinet on Dec. 4. Three would recognize
affirmed the country’s days earlier, he seemed
anticipated SUV, commitment to regional to end an alliance with the Jerusalem as
named the Urus, neutrality. The reversal rebels in their fight against Israel’s capital, a
intensified suspicion that a Saudi Arabia-led military
after an ancestor Saudi Arabia was exerting intervention. drastic change in
of the cow. Prices influence over Lebanon’s policy that risks
politics.
start at $200,000. destabilizing the
region.

○ The International ○ The United Nations


Olympic Committee barred
Russia from this winter’s ○ “So there’s only political affairs chief, Jeffrey
Feltman, flew to North
games over alleged state- Korea on Dec. 5 to try to
sponsored doping during the
2014 competitions in Sochi. one thing left to do. temper the country’s nuclear
provocations. He’s the most
15
Individual athletes will still be senior UN official to visit the
allowed to compete, but not
under the Russian flag. Ryan Patrick Bolger, country in five years.

will you marry me?”


Australian lawmaker Tim Wilson, proposing to his longtime partner during
debate on the country’s same-sex marriage bill, which is expected to pass
easily. Bolger said yes.

○ Xiaomi began Africa


shopping for
an investment
○ Nigeria’s police chief ○ The U.S. Supreme Court
bank to handle launched an investigation allowed the Trump
what may be of its Special Anti-Robbery administration’s travel ban to
Squad after videos of alleged take effect while it’s being
the largest tech brutality surfaced. Twitter challenged in court. The ban
IPO on record. was flush with tales of will restrict visitors from
mistreatment shared under Chad, Libya, and Somalia, as
The Chinese the hashtag #ENDSARS. well as Iran, North Korea,
smartphone maker Syria, Venezuela, and Yemen.

was last valued at


$46 billion.
 REMARKS

16

○ Who will replace Warren Buffett? work, and he doesn’t want it torn apart by investment bankers
or activist investors. To slow that process, Buffett assembled a
After years of mystery, there’s only one board that backs his approach, and after his death he’ll leave
heir apparent left his remaining shares to charities run by family and friends who
know his wishes. But the pressure to dismantle his creation
will mount—eventually.
○ By Noah Buhayar The bulwark against that impulse will be Buffett’s succes-
sor as chief executive officer, whose identity is one of the
business world’s best-kept secrets. In all his years of giving
“If I die tonight, I think the stock would go up tomorrow.” interviews and taking questions at the company’s marathon
That was Warren Buffett, addressing an arena full of annual meeting, Buffett has acknowledged that the board has
shareholders at Berkshire Hathaway Inc.’s annual meeting picked his replacement, but he’s never disclosed the name.
in Omaha in May. For more than half a century, he’s made the Maybe that’s because doing so would take the spotlight
company his investing canvas, designing an unlikely conglom- off Buffett, who, at 87, still loves the attention. At the annual
erate. It owns Geico, BNSF Railway, Fruit of the Loom, Dairy meeting, his likeness has adorned Coke cans and sneakers,
Queen, Duracell, and dozens of other companies, as well as rubber duckies and underwear. It’s a celebration of capital-
billions of dollars of stock in blue chips such as Apple Inc. ism—but also of Buffett. When he walks through the hall where
and Coca-Cola Co. Berkshire’s businesses display their wares, fans throng around
The glue is Buffett, who’s argued persuasively for decades him, snapping selfies.
that this hodgepodge makes sense. His market-beating returns Keeping the successor’s identity a secret also gives the board
have helped: $100 invested in Berkshire in 1964, when he began more flexibility. Circumstances can change, after all, and prob-
aggressively buying shares to take control, would be worth ably have during the long period Berkshire’s board has been
more than $2 million today. “There’d be speculation about weighing its options. These days, however, most arrows are
breakups,” Buffett went on at the meeting, and the shares would pointing toward one man.
trade higher because some investors would assume that the People have tried for decades to guess Buffett’s heir, but it’s
parts are worth more than the whole. Finally, the guy stand- always been an academic exercise: He never hints at retirement,
ing in the way would be gone, he said, adding dryly, “It would his health seems to be remarkable, and his grip on the company
be a good Wall Street story.” is firm. In the meantime, contenders have come and gone. In
Nothing of the sort is likely to happen while Buffett is there. 2000 the Wall Street Journal put Richard Santulli, the head of
He’s still the controlling shareholder, Berkshire is his life’s Berkshire’s NetJets business, on its short list of candidates. He
 REMARKS Bloomberg Businessweek December 11, 2017

17

quit to pursue other ventures in 2009. In 2008, Barron’s pre- considering other internal candidates such as BNSF Executive
dicted in a cover story that David Sokol, head of Berkshire’s Chairman Matt Rose or Tony Nicely, the CEO of Geico. Abel
energy business, would take over. He resigned three years later. declined to comment, and Jain and Buffett didn’t respond to
Buffett, at least, has talked about the qualifications for the requests for comment.
position. In a 2015 letter to shareholders, he said the board Jain and Abel each fit many aspects of Buffett’s care-
wants his successor to be drawn from the company’s ranks and fully tailored job description. They’re deeply committed to
“relatively young, so he or she can have a long run in the job.” Berkshire’s culture, which prizes efficiency and long-term
He suggested future Berkshire CEOs should hold the post for thinking. Neither has outward character flaws that would
more than a decade and that they should be “rational, calm, immediately be disqualifying. And each has built large
and decisive.” And, he noted, they should have upstanding businesses for Buffett.
character, be unmotivated by ego or a big paycheck, and be Jain runs the company’s namesake reinsurance opera-
“all-in” at Berkshire. tion, which for decades has provided Berkshire with billions
Nowhere in all this is there a mention of stockpicking skills. of premium dollars for investments and acquisitions. Buffett
To help the next CEO, Buffett hired two former hedge fund has repeatedly said that Jain has probably made more money
managers, Todd Combs and Ted Weschler, in recent years. for shareholders than he has. In 2011 he said the board would
They’re responsible for about $20 billion of Berkshire’s massive make Jain CEO if he wanted the job.
stock portfolio and preparing to oversee all of it when he’s Abel has steadily expanded a utility holding company in
gone. They’ll also help evaluate deals. Nor will the successor Iowa into a colossus in the energy industry. It runs several
likely serve as chairman. That’s a role earmarked for Buffett’s power companies throughout North America and the U.K.,
eldest son, Howard, who’s on the board. His main job will be interstate natural gas pipelines, and giant wind and solar
to guard the company’s culture—and force out any future CEO farms. It’s a big part of Berkshire that stands to get only
who messes with it. bigger, Buffett said in May, adding that it’s “hard to imagine
At the same time this was laid out, Berkshire released a sep- a better-run operation.”
arate letter from Vice Chairman Charles Munger. In it, Munger A key distinction between the two executives is age: Jain
called two executives—Ajit Jain and Greg Abel—examples of is 66, Abel is 55. Buffett is proof that the CEO can do well by
the company’s “world-leading” managers who are in some shareholders long past typical retirement age. Even so, Jain has
ways better than their boss. While Buffett later denied that any been facing some health challenges that could eventually make
executives were in a “horse race” to succeed him, the logical working more difficult, according to people who’ve recently
inference from Munger’s letter was that the board had already spent time with him. Analysts and some longtime investors
HBO

settled on one of these two—and probably wasn’t as seriously don’t think he wants the job. He’s also spent his career in
 REMARKS Bloomberg Businessweek December 11, 2017

insurance, a business less essential to Berkshire negotiated many tough deals. For a time, he ran a
than it once was. utility in the U.K. People who’ve worked for him
All this has many Berkshire investors and others say he’s steeped in the details of his operations. He
close to the company homing in on Abel. When often visits his far-flung utilities in person. “He’s
Sarah DeWitt, an analyst with JPMorgan Chase & made big bets,” says Jeff Matthews, an investor
Co., initiated coverage of Berkshire in September, who’s written three books about Berkshire. “He’s
she noted the energy executive was the “most as smart as they come.”
likely” successor. While Jain was also a possibility, In a way, Abel has structured his empire to
she wrote, “his age may preclude him.” mirror the way Buffett runs the whole conglom-
erate. Berkshire Hathaway Energy employs more
Berkshire’s success has created a massive challenge: than 20,000 people across all its businesses. But the
its size. This year’s U.S. stock rally has helped push head office has about two dozen staff. That keeps
the company toward a market value of almost half the overhead small and leaves most decisions to the
a trillion dollars. A conglomerate that big simply presidents of the company’s utilities.
can’t grow as fast as a smaller business. Abel has also been getting exposure to other
Not only will returns most likely be lower under industries. He’s a director of Kraft Heinz Co., the
the next CEO but the job itself will be more difficult. food giant that Berkshire controls with buyout firm
In May, Buffett estimated that over the next decade, 3G Capital Inc. He’s also served on the boards of an
the company will have to figure out what to do with Iowa convenience-store chain and two insurance ○ Abel
some $400 billion—more than he’d deployed over companies. In addition, he oversees Berkshire’s large
the previous five decades. “You need a very sensi- residential real estate brokerage business and an
ble capital allocator in the job,” Buffett said of his investment in Chinese electric car maker BYD Co.
successor. “Capital allocation might even be their Like many Berkshire executives, Abel is already
main talent.” very wealthy. He’s collected tens of millions of
That’s a skill Abel has spent years honing. An dollars in salary and bonuses over the years. He
accountant by training, he joined the business he also has a 1 percent stake in the business he runs.
now runs in 1992 when it was a small geothermal According to regulatory filings, that holding can be
power producer in California. Its head at the time converted into more than $400 million worth of
18
was Sokol, who spotted talent in the young execu- Berkshire stock, a move that would directly align
tive and promoted him to bigger roles. In 2000, as his interests with shareholders if he became CEO. ○ Jain
investors chased the latest dot-com stocks, Berkshire “I would certainly applaud that,” says David Rolfe,
bought a majority stake in the business. chief investment officer of Wedgewood Partners
Being part of Buffett’s empire created an oppor- Inc., a money manager that owns stock in Berkshire.
tunity. Abel’s company, then called MidAmerican “That would not be an unnoticed throwaway line
Energy Holdings, was able to retain its earnings, a in the press release” on succession.
rarity in the utility industry, where the norm is to Abel doesn’t seem like he’s gunning for Buffett’s
pay generous dividends. That extra cash meant he job, and he could even turn it down if asked. He
and Sokol had to find opportunities to reinvest the doesn’t exude Buffett’s charisma and rarely does
money. They snapped up more power companies interviews. But that doesn’t matter. Spending hours
and pipelines. They also expanded aggressively into on cable TV and hobnobbing with celebrities such as
renewable energy. The company’s Iowa utility now LeBron James and Arnold Schwarzenegger is fun, but
generates about half its electricity from wind. it’s not what made Buffett so successful. “The next
In 2008, Abel became CEO of MidAmerican. Sokol CEO will not have the same PR requirements,” says
took on a broader position at Berkshire at that time Richard Cook, a longtime Berkshire shareholder and
but resigned three years later after trading in the fund manager in Birmingham, Ala. “Being as good as
stock of a company he suggested Buffett buy. A Buffett is on CNBC is not a way to judge the results.”
board committee found that he’d broken the com- Buffett is singular. There are shelves of books
pany’s insider-trading rules. Regulators declined about him. Legions of investors have been inspired
to take action. by his way of thinking about business and money.
Stepping out from Sokol’s shadow over the past At stake in succession is whether his life’s work will
decade has increased Abel’s prominence at the live on—as he says it will—or whether it only makes
conglomerate. In 2014 his business was renamed sense with him at the top.
Berkshire Hathaway Energy, indentifying it more His successor will have to protect that legacy
closely with Buffett. while running one of the world’s biggest and most
From outward appearances, Abel is the antith- unusual conglomerates. He’ll have to allocate bil-
esis of a Wall Street master of the universe. He lions of dollars, manage the occasional scandal that
grew up in Edmonton, studied commerce at the could tarnish the company’s reputation, and keep
University of Alberta, and runs his business from the dozens of CEOs who run Berkshire’s businesses
AP PHOTO (2)

Des Moines. Like Buffett, he’s no hayseed and can motivated and happy. Perhaps most important, he’ll
easily keep pace with Harvard-trained elite. He’s have to keep outsiders from tearing it all apart. 
LOOK AHEAD ○ 3M reviews its 2018 outlook with ○ Warehouse club operator Costco ○ Citigroup, Capital One, and
analysts on Dec. 12 Wholesale releases its quarterly JPMorgan Chase report credit card
earnings on Dec. 14 delinquency rates

CVS Brings One-Stop B


Shopping to Health Care
○ Its $67.5 billion deal for an agreement in January to acquire the outpatient
U
S
surgery chain Surgical Care Affiliates Inc.
Aetna could transform the way Even before the DaVita deal, about 30,000
America goes to the doctor doctors were affiliated with OptumCare. They
treat UnitedHealth’s members, as well as custom-

I
ers of rival health insurers. The company doesn’t
own drugstores, but its pharmacy benefit manager
serves 65 million people—compared with 90 million
Most companies pursuing an acquisition have pre- members at CVS’s PBM. UnitedHealth’s profits and
dictable goals in mind—boosting market share,
perhaps, or diversifying earnings. But drugstore
operator CVS Health Corp. has somewhat grander
ambitions for its $67.5 billion purchase of health
share performance have outpaced those of many
other big health companies in recent years.
“The path here has been led by UNH/Optum,”
Matthew Borsch, an analyst at BMO Capital Markets,
N
insurer Aetna Inc.: changing the way Americans go
to the doctor. The deal would create a behemoth that
would try to shift some of Aetna customers’ care away
from doctors and hospitals and into thousands of CVS
said in a research note about the CVS-Aetna plan.
“We see a bold strategy to match (and possibly leap-
frog) the health-care/PBM integration strategy.”
The integration is part of a wide-ranging effort
E
stores. “Think of these stores as a hub of a new way
of accessing health-care services across America,”
says CVS Chief Executive Officer Larry Merlo. “We’re
bringing health care to where people live and work.”
by health insurance companies and the federal

S 21

S
The buyout would combine the largest U.S. drug-
store chain with the third-biggest health insurer.
CVS also manages drug benefits plans for thou-
sands of employers and insurers, a business that
could help steer some of Aetna’s 22 million custom-
ers to CVS pharmacy counters when they fill a pre-
scription. Already, CVS has 1,100 MinuteClinics in
its pharmacies, where nurse practitioners and phy-
sician assistants provide routine care such as flu
shots or wrapping sprained ankles. It’s also trying
out hearing and vision centers in a handful of loca-
tions. If the merger goes through, CVS plans to build
mini-health centers in many more of its 9,700 stores, December 11, 2017
turning them into places where Aetna members—
Edited by
and customers of rival insurers—get convenient low- James E. Ellis
level care for ailments and chronic diseases. And
PHOTOGRAPH BY CAROLINE TOMPKINS FOR BLOOMBERG BUSINESSWEEK

having a closer tie to where customers are treated Busines m


could help Aetna better manage their ailments
earlier, more efficiently—and less expensively.
Although some on Wall Street say CVS’s interest in
bulking up is a defensive move driven by persistent
rumors that Amazon.com Inc. may enter the
pharmacy business, the company seems to have
a different rival in mind: UnitedHealth Group Inc.
The biggest U.S. health insurer, UnitedHealth has
been expanding its OptumCare arm, which owns
clinics and surgery centers, as it seeks to gain more
control over how care is delivered to its customers.
UnitedHealth agreed on Dec. 6 to acquire about
300 doctor practices from DaVita Inc. after striking
 BUSINESS Bloomberg Businessweek December 11, 2017

government to shift care away from paying for improve efficiency and lower prices for consumers.
each service and toward paying doctors and hos- Authorities tend to worry more about “horizontal”
pitals for taking better care of patients and keeping mergers, which combine companies at the same
them healthier. The approach, known as val- stage of production. In January a federal court
ue-based care, challenges the industry’s traditional blocked Aetna’s proposed horizontal merger with
reimbursement models. Humana Inc., a fellow health insurer.
Putting different aspects of care under the same In weighing the CVS-Aetna deal, the Department
roof also can remove perverse incentives from the of Justice or the Federal Trade Commission could
system. For example, some critics have said that try to determine “whether there is a long-term eco-
PBMs contribute to drug price hikes because they nomic benefit to a strategy that harms rivals even if it
○ Merlo
profit from back-end rebates and fees extracted means a short-term hit to profits,” says Jennifer Rie,
from pharma companies. Making them part of the a senior analyst at Bloomberg Intelligence.
same company that delivers care and offers health CVS won’t get a free pass. In November the Justice
insurance can ensure it doesn’t happen, says Craig Department sued to stop the merger of AT&T Inc. and
Garthwaite, a professor of strategy at Northwestern’s Time Warner Inc., also a vertical integration. The ○ Change in share
price at month’s end
Kellogg School of Management. When different parts CVS-Aetna dealmakers are making the case that their since Dec. 31, 2014
of the system combine, “everyone’s profit motives combination would bring new services to the market, UnitedHealth
are aligned at providing care that leads to good such as the planned pharmacy clinics. That could Cigna
outcomes,” he says. persuade regulators to give the proposal a chance. In Aetna
CVS and Aetna say they’ll be able to reduce costs contrast to AT&T-Time Warner, says Jonathan Rubin, Anthem
by directing some patients to lower-cost sites of care an antitrust attorney and partner at MoginRubin LLP,
in CVS stores, keeping them out of emergency rooms “it’s a more believable story that the vertical merger 120%

and hospitals. About 70 percent of the U.S. popula- is related to innovation.”


tion lives within 3 miles of a CVS location, accord- The buyout rests on an untested strategy, however,
ing to David Larsen, an analyst at Leerink Partners. and some on Wall Street question whether the com-
“This is going to be appealing to a huge number panies can persuade enough consumers to switch to 60

of people,” says Ingrid Lindberg, president of Kobie their in-house services. Says John Schroer, a health
Marketing
k Inc. and
d a former chief
h customer experi- portfolio manager at Allianz Global Investors: “Health
22
ence officer at health insurer Cigna Corp. “There’s care is a very complicated business, and it’s not so
a large majority of people who are truly driven by easy to say it’s a new world and just do it this way.” 0

ease and convenience when it comes to their care.” —Zachary Tracer, with Robert Langreth and Peter Coy 12/2014 11/2017
Ateev Mehrotra, a professor at Harvard Medical
THE BOTTOM LINE CVS operates 9,700 drugstores. By buying
School, says his research has found that retail clinics, Aetna, it wants to funnel more of the insurer’s customers into
by making care more convenient and accessible, health centers at its retail locations.

DATA: AIRLINE WEBSITES. AIR FRANCE FARE FOR MARCH 18 FLIGHT, ITS LAST SUNDAY ON THAT ROUTE; JOON AND EASYJET FOR MARCH 25.
actually raise health-care costs because people go
to them more often. That’s bad news if you’re also
an insurer. “The majority of visits we see at retail
clinics represent new utilization,” he says. “Because
of that, in contrast to the people who have said retail
clinics would reduce health-care spending, we’ve
Air France Goes for
seen it increase health-care spending.”
Debating such outcomes could remain an aca-
(Not Too) Cheap Chic
demic exercise if the CVS transaction doesn’t gain
government approval. Courts and regulators tend ○ It’s starting Joon, a discount line for
to go easy on “vertical” mergers, such as CVS- millennials who’ll pay extra for the cool
Aetna, which combine companies at different
levels in the supply chain, such as manufacturers
with retailers. The logic is that the combbination can What corporate France lacks in its ability to cut
costs, it makes up for in style. That appears to
be the recipe at Joon, a buzz-driven offshoot of
Air France-KLM that started operating on Dec. 1.
The marketing pitch goes like this: Tech-savvy and
fashion-conscious flight attendants serve baobab
MERLO: STUART RAMSON/AP IMAGES

juice and organic quinoa salad as video-streaming


millennials jet from Paris to Barcelona and Brazil,
all at discount prices.
The reality is slightly less glamorous. Despite all
the hipster hype, Joon—a riff on jeune, French for
“young”—is based on a decidedly old-school strat-
egy designed to boost earnings by cutting costs more
 BUSINESS Bloomberg Businessweek December 11, 2017

steeply than fares. At stake is Air France’s ability to Adidas AG’s popular Stan Smiths. Passengers will
defend European routes against further incursions be able to stream movies and shows on their own
from no-frills specialists led by Ryanair Holdings Plc, devices, a strategy to appeal to the always-connected
while also combating an emerging discount chal- crowd while saving the airline the expense of fancy
lenge from the likes of Norwegian Air Shuttle ASA seatback screens. All seats will feature USB ports for
in lucrative long-haul markets. charging and, starting next year, free Wi-Fi. Other
Air France, Europe’s largest airline, has been perks will come at a price, among them checked
flying high amid a business resurgence this year, as luggage, programs from the Viceland and Red Bull
the number of visitors to France recovered after a TV channels viewed via virtual-reality headsets, and
spate of terrorist attacks. Operating profit jumped the baobab juice.
44 percent in the first nine months from the year- Franck Terner, CEO of the Air France mainline ○ Joon’s Paris-to-Rome
fare for March 2018
earlier period, and the share price doubled. But ana- unit, describes Joon as a laboratory for experiments beats Air France’s but
lysts say the airline must use the business rebound in marketing and pricing, comparing its launch to that not those of leading
as an opportunity to better manage its high costs. of Richard Branson’s mold-breaking Virgin Atlantic discounters
“Air France needs to improve its cost perfor- Airways Ltd. in the 1980s. Yet an ad campaign that
mance relative to competitors in order to thrive in likens Joon to a trendy rooftop bar and fashion €108
Air France
an environment that may not be as benign as the designer—before adding that it’s “also an airline”—
one we have today,” says Andrew Lobbenberg, an has drawn criticism that it’s patronizing to younger
aviation analyst at HSBC Holdings Plc in London. travelers and misinterprets their needs. €96
Joon
“That’s what Joon is about.” “What we care about are the same things that old
The unit—the company’s fourth brand alongside people care about: cheap, reliable flights that have got
the mainline Air France, short-to-medium-haul, no hidden costs,” humorist Paul Taylor said on What’s €76
EasyJet
low-cost unit Transavia, and regional arm Hop!—is Up France?, his Canal Plus TV show. “Maybe instead
based at Paris Charles de Gaulle Airport. It will ini- of trying to create a new condescending airline, try
tially serve Barcelona, Berlin, Lisbon, and Porto, to fix the ones you already got.” —Ania Nussbaum
Portugal, before next year adding more far-flung
THE BOTTOM LINE Air France’s operating profit rose 44 percent
destinations including the Seychelles and Fortaleza in the first nine months of 2017 from a year earlier. It’s using its
in Brazil. Routes will also include Cairo, Cape Town, improved finances to start a discount line to lower long-term costs.
23
Istanbul, Oslo, and Rome. It’s applied for flights to
the U.S., too. Current union agreements would limit
the fleet to 28 aircraft.
Joon was born out of a compromise by Jean-Marc
Janaillac, chief executive officer of Air France-KLM,
who chose to develop it while backing away from the
more overtly cut-price Transavia. Union opposition
Bartender, I’ll Have
to that unit’s much lower wages contributed to the
departure of former CEO Alexandre de Juniac in 2016.
Transavia’s business plan called for significant con-
A G&T. Hold the Gin
cessions from pilots, but Joon will pay them as much
as Air France does. The new carrier instead will get ○ Diageo is backing a startup that makes faux
savings of 40 percent on the cost of its cabin crews, spirits for $55 a bottle
vs. those at Air France’s mainline brand, by using
fewer, lower-paid attendants who’ll also help tidy the
planes between flights, speeding turnarounds. That As hipsters rediscover classic cocktails like the
will reduce overall expenses by as much as 18 percent. Sidecar, their teetotaling friends are stuck with cola,
Ticket prices won’t be the lowest, with a water, or such treacly confections as the Shirley
one-way trip to Lisbon on Jan. 8 priced from €50 Temple. After one too many mocktails at pubs, Ben
($59), according to Joon’s website. That’s cheaper Branson decided to create a nonalcoholic alternative
than previously charged by Air France, which will to booze that didn’t taste like it was made for children.
vacate routes that Joon takes up, but still €8.74 Turning to The Art of Distillation, a spirits-making
more than the same journey with EasyJet Plc, guide first published in 1651, the former branding
Europe’s second-biggest discount carrier and a consultant began experimenting in his kitchen in a
major force in the French market. It’s also €11 cottage near London. The result: Seedlip, a ginlike
higher than a flight by Transavia, which will con- drink that aims to deliver the depth of flavor and
tinue servicing some of the same routes. mouthfeel of a high-end spirit—but with no alcohol.
Hence the focus on cool, as Joon seeks to woo Introduced two years ago, Seedlip is riding the
travelers who are somewhat price-sensitive but who wave of interest in more healthful artisanal food
also—it hopes—put a high value on technology and and drink that’s boosting sales of everything from
lifestyle perks. The cabin crew will wear electric-blue quinoa to craft beer to premium tonic. Branson’s
polo shirts and white sneakers that resemble brand, which comes with the pretensions of the
 BUSINESS Bloomberg Businessweek December 11, 2017

trendiest small-batch spirits—and the premium


price, $55 in the U.S.—is stocked in more than 100
Michelin-starred restaurants. It sells online for more
than four times the price of Ginsin, which markets
itself as a nonalcoholic gin made with botanicals
including hibiscus and lavender. Last year, Spirits
giant Diageo Plc took a minority stake in Seedlip. “We
know we should be exercising, we know we should
probably be drinking less midweek,” says Branson,
who gave up alcohol about seven years ago. “I wanted
to do something about it and solve this dilemma of
‘What do you drink when you’re not drinking?’”
Nonalcoholic beers—containing less than
0.5 percent alcohol—such as O’Doul’s in the U.S. and
Germany’s Clausthaler have been around for years.
But recent entrants like Nirvana Brewery in London
are trying to infuse the category with some craft cool,
with such brews as Kosmic Stout and Karma Pale Ale.
And Danish brewer Carlsberg A/S says European sales
of low-alcohol beers such as its 0.5 percent-alcohol
Nordic Pilsner rose 13 percent in the first half of 2017
vs. the year-earlier period. Dutch rival Heineken NV is
banking on the nonalcoholic Heineken 0.0 it’s intro-
duced in 14 countries since last summer. “You know,
25 years ago everyone was drinking alcohol at lunch,
and that’s quasi-disappeared today,” Jean-François
van Boxmeer, Heineken’s chief executive officer, told
investors at a conference in November. “Why not
24
drink a 0.0 beer instead of water?”
If the day of peak alcohol has gone, Seedlip is
among the early winners of the morning after.
Industry tracker IWSR estimates that global alcohol
consumption fell 1.3 percent last year amid growing
concern about the effects of excessive drinking.
While low- or nonalcohol faux spirits, wine, and beer
remain a tiny niche, sales grew almost 5 percent in
2016, researcher Euromonitor International says. At
Selfridges, the tony London department store that

PHOTOGRAPH BY CAROLINE TOMPKINS FOR BLOOMBERG BUSINESSWEEK. ILLUSTRATION BY OSCAR BOLTON GREEN
was the first to stock the drink Branson was bottling
by hand in 2015, the initial batch of 1,000 bottles sold topped the World’s 50 Best Bars list earlier this year.  Seedlip NOgroni
out in the store in three weeks, the second in three Nonalcoholic drinks have “always had a stigma, espe-
1 oz. Seedlip
days, and the third in three minutes online. cially with groups of guys,” Hodrien says. “Seedlip’s Spice 94
It takes six weeks to make Seedlip, named after seen as more serious.” In March the bar revamped 0.8 oz. NA bitter aperitif
the baskets that farmers in Branson’s home region of its menu with five Seedlip-based cocktails made with 0.8 oz. NA sweet
Lincolnshire used to sow their grain fields a century ingredients such as kefir, coffee cordial, and goose- vermouth
ago. The company makes two versions—Garden 108, berry jam. About 1 in 5 tables orders a drink made Combine in an Old
with hints of spearmint, and Spice 94, redolent of with the stuff, he says. In the U.S., New York’s Dean Fashioned glass, giving
a short stir. Garnish
cardamom. The botanicals, from citrus peel to bark, & DeLuca grocery and Dead Rabbit Grocery and with an orange twist.
are macerated before being distilled in copper pots Grog bar and San Francisco’s Atelier Crenn restau-
much like any liquor. That concoction is boiled down rant stock the brand. Berry Bros. & Rudd, London’s
to burn off the small amounts of alcohol used in the most august wine merchant, says Seedlip has seen
process, leaving a concentrated distillate with no strong sales since it was added to the lineup last
potential for getting you drunk. It’s blended and year. And Stuart Elkington, who last year founded
mixed with water to create an aromatic liquid akin a website called DryDrinker.com, says it’s among
to gin, which goes down smoothly but still manages his top-selling products. “There’s been a dramatic
to taste and feel something like a stiff drink. Seedlip increase in demand,” Elkington says. “The growth
will release a second alcohol-free drink next spring. is phenomenal.” —Thomas Buckley
To build interest in the brand, Branson has lined
THE BOTTOM LINE Tapping into the trend of artisanal, small-
up support from the likes of Joe Hodrien, supervisor batch spirits, Seedlip is in the vanguard of a growing cadre of
at the American Bar at London’s Savoy Hotel, which companies offering ersatz booze.
 BUSINESS Bloomberg Businessweek December 11, 2017

An Indian HIV Drugmaker


Takes On Big Pharma
○ Laurus, a maker of HIV drug ingredients in poor countries, aims to sell in the U.S.

While HIV treatment in rich countries is dominated of some of the most effective combinations, includ-
by brand-name medicines from huge Western ing generic versions of these chemicals could bring
pharmaceutical companies, in the developing down the cost of the whole treatment. One analy-
world copycat versions have long been allowed to sis cited by Health and Human Services found that
combat the epidemic’s spread. And supplying the replacing a three-medicine, branded combination
raw ingredients for this bulk market has long been a with multiple pills including generic Sustiva could cut
core business for India’s Laurus Labs Ltd. Now the spending in the U.S. by $900 million in its first year.
Hyderabad-based company is preparing its mammoth In the U.S., Laurus will be going up against much-
plant—the size of 35 football fields—among the coconut larger rivals such as Israel’s Teva Pharmaceutical
plantations and beaches of South India to flood the Industries Ltd., the world’s biggest generic drug
U.S. market with low-cost copycat HIV medicines. company, which will beat it to market on generic
U.S. patents on key components for some import- Viread. Other generics makers—many of which are
ant HIV therapies are poised to expire, and Laurus customers of Laurus—are expected to enter the
is gearing up to cash in. It’s one of the world’s market, too.
biggest suppliers of ingredients used in antiretro- Meanwhile, the companies that hold the original
25
virals, thanks to cheaper production costs than patents, such as Gilead, have been successful at
competitors’. Chief Executive Officer Satyanarayana switching patients to newer therapies to limit the
Chava wants to use that edge to sell his own finished impact of generic competition on the old ones,
drugs in the U.S. and Europe. He predicts some according to Bloomberg Intelligence analyst Asthika
generics Laurus produces will eventually sell for Goonewardene. He forecasts that generic competi-
90 percent less than branded HIV drugs in the U.S., tion won’t make a big dent in the $2.6 billion a year
slashing expenditures for a disease that’s among the Gilead gets from HIV drugs.
costliest for many insurers. “The savings for U.S. Lower prices alone may not guarantee success in
payers will be so huge when these generic combi- the U.S. Between government programs providing
nation drugs are available in the U.S.,” Chava says. treatment for the uninsured and drug company-
Payers “will save billions of dollars.” funded ones helping the insured with their copays,
The parade of patent expirations begins in HIV patients in the U.S. are often sheltered from the
December, when Bristol-Myers Squibb Co.’s Sustiva full cost of their medicines. So they may have little
loses protection. Gilead Sciences Inc.’s Viread incentive to switch to cheaper alternatives, says
follows in January. Neither company responded to Tim Horn, deputy executive director of Treatment
requests for comment. Action Group, an AIDS policy think tank. Still,
With 1.1 million people infected with HIV in Horn says private and public insurers, which pay “The savings
the U.S., and many of them living longer thanks to the greater part of the full sticker price and then for U.S. payers
treatment, HIV drugs have become an $18.8 billion spread those costs through the system in the form
will be so
business for the pharmaceutical industry there, of higher premiums and charges, are likely to push
according to data provider IQVIA. A year’s worth of for generics. huge when
a combination of Viread, Sustiva, and a third drug Chava says he’ll eventually be able to under- these generic
sold in pill form under the brand name of Atripla cut bigger rivals such as Teva on price, and the combination
has an average wholesale price of almost $37,000 per savings offered to insurers from generics will prove
drugs are
person, according to U.S. Department of Health and irresistible as more components of the older drug
Human Services data. In the developing world, the combinations go off patent in the next three years. available”
same combination can cost as little as $100 per person “We believe we’ll be able to bring cost-effective
annually, according to Doctors Without Borders. generic alternatives to the U.S. market,” he says.
Although Laurus doesn’t yet make the pills, it’s “We have the scale.” —Ari Altstedter
become a dominant supplier of their key ingredients.
THE BOTTOM LINE HIV drugs have become an $18.8 billion
The best way to fight HIV is with a combination business in the U.S. for Big Pharma. India’s Laurus Labs aims to
of drugs. Since Viread and Sustiva form key parts make generics of key medicines to win some of that business.
LOOK AHEAD ○ Adobe earnings will show whether ○ Broadcom is pushing to replace ○ AIM, the long-running AOL
the company’s strong two-year run Qualcomm’s entire board, making its messaging service, bids a final
of new subscribers is slowing takeover bid decidedly more hostile “Goodbye!”

T
E
C
○ Hatreon says it’s been profits—5 percent of $25,000 is $1,250—have been dou-
H
relaying $25,000 a month,
mostly to avowed white
supremacists
bling from month to month.
“Credit for truth in advertising,” says Ben Wizner,
an attorney at the American Civil Liberties Union
who specializes in technology cases. People are well
N
within their rights to raise money on Hatreon as long
as they aren’t threatening or inciting violence, he
says. Other services have banned several of Wilson’s
users for doing precisely those things.
O
Neo-Nazis are cowards. The occasional rally aside,
most of the white supremacists who’ve been embold-
ened in the Trump era aren’t brazen enough to
wave their flags publicly. Instead, they keep to
A law school dropout and self-styled anarchist
fond of quoting Thomas Paine, Wilson doesn’t iden-
tify with the alt-right, but he says he doesn’t see the
term as a slur, either. Freedom of speech is his prior-
L 27

O
online forums, where it’s a lot easier to talk tough ity, he says, and right-wing women, people of color,
beneath the blanket of anonymity. But while Twitter and transgender people use Hatreon, too. Above all
and Facebook rarely ban haters, crowdfunding and else, though, “Hatreon is very important to the finan-
payment services including Kickstarter, Patreon, cial functioning of the white supremacist movement,”
PayPal, and Stripe have taken a harder line, prevent-
ing avowed racists from using their services to give or
collect money. That’s where Cody Wilson comes in.
Wilson is a rare kind of troll, one who senses
says Heidi Beirich, director of the Southern Poverty
Law Center’s Intelligence Project, which publishes
the blog Hatewatch. “Hatreon is keeping a lot of these
folks alive. It’s keeping them paid.”
G
market opportunities. The 29-year-old first gained

Y
The plastic guns helped Wilson define himself as
notoriety in 2013, when he published an open source an online provocateur catering to the extreme right.
design for a plastic gun that passes unnoticed through “He’s loved in this movement,” Beirich says. Wilson’s
metal detectors and can be made with an entry- small nonprofit, Defense Distributed, founded in
level 3D printer. Now he’s trying to arm stated white 2012, has been embroiled in years of federal suits,
supremacists with donations from fans—and taking countersuits, and appeals for posting its gun designs
a 5 percent cut for himself. In October, Wilson for- online and for selling a milling machine called Ghost
mally launched Hatreon, an unabashed Patreon for Gunner that can be used to make untraceable metal
hate groups, after a couple of quiet months of oper- handguns and assault rifles. Most of the money left
ation. “I’m renting this infrastructure to these unde- over from Defense Distributed’s $3 million-plus in
sirables of the internet,” he says, “and it’s working.” sales has gone toward Wilson’s legal battles.
So far, Hatreon is a one-man operation in Austin. In the crowdfunding business, Wilson’s advantage
Wilson says he collects $25,000 in monthly dona- has been his web-hosting and financing acumen, plus
tions from a few thousand people. But the number a willingness to run his business like a porn site. While
of recipients is even smaller, so that can translate a right-wing Kickstarter clone was recently booted
into real money. The big winners are white suprem- off its hosting platform, dodgy overseas hosting com-
acists. Andrew Anglin, the creator of prominent panies keep Wilson’s sites online. Similarly, layers
neo-Nazi website the Daily Stormer, receives almost of shell companies disguise Hatreon’s identity from December 11, 2017
$4,000 a month from more than 220 Hatreon donors, partner banks. “There’s a lot of great market ways to
down from a peak of about $8,000. White suprem- get financing on the internet,” Wilson says. Edited by
Jeff Muskus
acist leader Richard Spencer collects about $1,000 Hatreon is experiencing a hiccup of its own. Just
from more than 70 donors. Wilson says his own slim before Thanksgiving, Wilson stopped sending Businessweek.com
 TECHNOLOGY Bloomberg Businessweek December 11, 2017

revenue to users and taking new donation pledges


because some of his banks unraveled the nest of shell
companies and dropped him. Hannah Shearer, staff
attorney at the Giffords Law Center to Prevent Gun
Violence, which has lobbied to shut down Defense
Distributed, says she’s convinced Wilson knows
Hatreon is being used to break the law and his banks
probably do, too. Wilson says Hatreon’s own terms
of service forbid illegal activity and that he’s kicked
people off the site for violating them, though he
wouldn’t name any.
The ACLU’s Wizner says Hatreon’s limbo, though
it may be short-lived, is evidence of Wilson’s vaunted
market forces at work. “After Charlottesville, it’s
much more difficult for people in this country to
deny the existence and threat of white supremacy,”
he says. “You saw the CEOs of major corporations
distancing themselves from Trump, and a week after
Charlottesville in Boston, 40,000 came to counter-
protest 30 or 40 white supremacists. I think that them to changes in condition. The app doesn’t use
speaks for itself.” —Adam Popescu AI just yet, but in separate projects, the engineers
are trying to teach their software to analyze medical
THE BOTTOM LINE Hatreon’s predominant use by white
supremacist leaders and supporters belies its founder’s claims imagery at the level of an experienced doctor. One
that it’s a stand for all forms of free speech. problem with the app: Nobody asked the patients.
DeepMind has revised its information-sharing
agreement with the Royal Free and is taking other
steps to allay public concerns after U.K. regulators
ruled in July that the hospital wasn’t within its rights
28
How Much to give the AI company 1.6 million patient records
going back five years. Although no punitive action
was taken, DeepMind acknowledges making mis-

Privacy Would takes. “In our determination to achieve quick impact


when this work started in 2015, we underestimated
the complexity of the NHS and of the rules around

You Trade for patient data,” co-founder Mustafa Suleyman and top
clinician Dominic King said in a statement.
At a moment when tech companies are flooding

Better Health? into health care, DeepMind’s missteps have impli-


cations far beyond a hospital or two. International
Business Machines Corp. claims its Watson AI soft-
ware can help doctors find the best treatments
○ Alphabet’s AI division is working for cancer. Genome pioneer Craig Venter’s latest
with hospitals—and raising startup, Human Longevity Inc., wants to custom-
confidentiality concerns ize treatments based on a patient’s DNA. Alphabet’s
other health projects include Verily Life Sciences
LLC, which creates medical device software, and
DeepMind Technologies Ltd., a leading artificial Calico, which is trying to stretch human life spans.
intelligence company owned by Google’s parent, The U.K.’s health system has been counting on
Alphabet Inc., wants to use AI to solve … well, every- technology to cope with an aging population and
thing. Last year its software taught itself to trounce shrinking budgets. But tech companies don’t seem
humans playing the strategy game Go. For its next as trustworthy as they did even just last year, when
trick, DeepMind is trying to figure out how its digital U.K. regulators began their Royal Free investiga-
“brains” can save lives. tion, and the industry’s move-fast-and-break-things
The company’s Go team may be years away from ethos may have real consequences when the things
ILLUSTRATION BY KURT WOERPEL

practical applications of its work, but a fast-growing are people. “Patients have been paying with their
health division of 100 is already keeping an eye on, privacy, and it’s almost always the companies that
and learning from, patients of the U.K.’s National define the terms of the deal,” says Phil Booth, the
Health Service. At the Royal Free Hospital in London, coordinator of privacy watchdog MedConfidential.
a DeepMind app called Streams gives doctors and After Google bought DeepMind in 2014 for a
nurses instant access to patient records and alerts reported £400 million ($541 million), Suleyman
 TECHNOLOGY Bloomberg Businessweek December 11, 2017

drove the AI company’s push into health care. recommended that the NHS retain an economic inter- “Patients have
“There’s no other area where we invest so much est in any AI developed using its data. “Our proj-
been paying
money in technology and get so little back,” says ects so far have assumed the right way to give value
Suleyman, whose mother was a nurse. So far he’s back to the public is through initially providing our with their
been focused on monitoring specific conditions, resources and technologies to our NHS partners for privacy, and it’s
rather than trying to make a software version of free,” DeepMind said in an emailed response, adding almost always
Hugh Laurie’s Dr. House. Acute kidney injury (AKI) that it was open to discussion of other ways of valuing
the companies
was one of the first things DeepMind designed the its services. The Royal Free said in a statement that it
Streams app to alert doctors to. was “happy with the terms of the agreement.” that define the
The value of the app’s targeted pragmatism is front For now, DeepMind is signing agreements to terms”
and center at the Royal Free one night this summer. put the Streams app in more NHS hospitals, and
Soon after a patient on the ninth floor gets a liver Suleyman says the company has received interest
transplant, her kidneys start struggling. When a lab from U.S. doctors, too. But some administrators have
pathologist enters the patient’s blood test results become more leery of pairing their patient data with
into a computer database, the Streams system com- tech projects, especially those involving systems they
pares them to previous results and sounds an alert don’t quite understand. Taunton & Somerset NHS
on nurse Sarah Stanley’s phone to warn her of poten- Foundation Trust, one of the hospitals now using
tial AKI. She opens the app, reviews the indicators Streams, says it’s ruled out doing anything with AI.
from the tests, and messages a colleague to check on Suleyman can afford to be patient. Health care is
the patient. “We have just triaged that patient in less incredibly valuable and incredibly broken, he says.
than 30 seconds,” she says. In the past, the process “There is a massive opportunity to transform it with
would have taken as long as four hours, a critical AI at some point in the future.” At this point, though,
amount of time for someone with AKI. the industry’s challenges have made beating the
At London’s Moorfields Eye Hospital, ophthal- world’s best Go players look easy. —Jeremy Kahn
mologist Pearse Keane is trying to help DeepMind
THE BOTTOM LINE DeepMind’s work with U.K. medical records
train a computer to read retinal scans as well as he is just one of the ways tech companies taking aim at health-care
can. Keane, a clinical researcher, uses optical coher- problems are seeking access to sensitive patient data.
ence tomography to get an image of tiny details of
29
patients’ eyes. “It allows us to see things like bleeding
and leakage into your retina and diagnose the most
common causes of blindness,” he says. DeepMind
is working with two London universities on similar
projects for head and neck scans and mammograms.
If Anyone Asks,
To assuage privacy advocates, it has set up and
funded a panel of outside investigators to conduct
You’re Steve’s Friend
annual public reviews of its work with hospitals,
published its contracts (with a few redactions), and ○ “Ambiance and atmosphere models”
announced plans for an audit trail of patient data are in high demand for Silicon Valley’s
access similar to the blockchain technology that corporate parties this holiday season
underpins the cryptocurrency bitcoin.
The company’s detractors remain unassuaged.
Julia Powles, a law professor at the University of Along with a seemingly endless string of harass-
Cambridge who’s written critically of DeepMind’s ment and discrimination scandals, Silicon Valley’s
initial agreement with the Royal Free, says the revised homogeneity has a more trivial side effect: boring
contract doesn’t explicitly prevent it from transfer- holiday parties. A fete meant to retain all your tal-
ring patient data to sister company Google. DeepMind ented engineers is almost certain to wind up with a
says it will never give any data to Google. “If they can’t rather same-y crowd, made up mostly of guys. At this
put that in writing, I find it hard to believe them,” she year’s holiday parties, however, there’ll be a surpris-
says. While DeepMind is giving Streams away for now, ing influx of attractive women, and a few pretty men,
Powles adds, once hospitals are locked into the tech- mingling with the engineers. They’re being paid to.
nology, the company would be free to charge what- Local modeling agencies, which work with
ever it likes. DeepMind says a commercial product is Facebook- and Google-size companies as well as
a long way off. It earned only £40 million in revenue much smaller businesses and the occasional wealthy
in 2016—none of it from health work—and reported a individual, say a record number of tech compa-
loss of £94 million, according to accounts filed with nies are quietly paying $50 to $200 an hour for
U.K. business registry Companies House. each model hired solely to chat up attendees. For
The NHS should be thinking now about what com- a typical party, scheduled for the weekend of Dec. 8,
mercialization will mean, according to John Bell, Cre8 Agency LLC is sending 25 women and 5 men,
a doctor who chairs the U.K.’s Office for Strategic all good-looking, to hang out with “pretty much all
Coordination of Health Research. He recently men” who work for a large gaming company in San
 TECHNOLOGY Bloomberg Businessweek December 11, 2017

Francisco, says Cre8 President Farnaz Kermaani. at the company’s 2014 holiday party. (He’s denied
The company, which she wouldn’t name, has hand- the allegations, and Geidt didn’t comment on them.)
picked the models based on photos, made them sign Vox Media Inc. is limiting employees to two drinks
nondisclosure agreements, and given them names of apiece at its Dec. 12 holiday party to curb “unpro-
employees to pretend they’re friends with, in case fessional behavior,” but so far it’s the exception.
anyone asks why he’s never seen them around the Cre8’s Kermaani visits the startups herself to get a
foosball table. read on the environment and her models’ safety. “If
“The companies don’t want their staff to be talking somebody is creepy toward me, and I’m the owner
to someone and think, Oh, this person was hired to of the company, I can guarantee they’ll be creepy to
socialize with me,” says Kermaani, who’s sending the models,” she says. “Silicon Valley doesn’t have
models to seven tech parties in the same weekend. the best reputation.” —Sarah Frier
While this sounds crazy after a year packed with
THE BOTTOM LINE Valley modeling agencies are seeing record
harrowing stories of sexual harassment, abuse, numbers of requests for beautiful “guests” at tech holiday parties,
and discrimination—a tidal wave that started in San in case you were wondering if anyone had learned his lesson.
Francisco, with Uber Technologies Inc.—it’s part of an
older trend. Tech companies have long used models
to run their booths at trade shows such as CES in
Las Vegas, hype up crowds at product launches,
and direct foot traffic at conferences. That said, this
year’s record-setting requests for the minglers, known
as “ambiance and atmosphere models,” are a step
Software to
beyond what the industry has seen before, says Chris
Hanna, who’s run TSM Agency since 2004 and counts
among his clients “one of the largest search engines
Fireproof Wine
in the world.”
“Traditionally, if I go back, say, over the last five ○ A Napa vineyard’s custom AI system
years, if people requested these types of models, it was able to tweak winery controls to
was more for specific responsibilities,” Hanna says. account for a fast-approaching wildfire
30
“‘Be a hostess.’ ‘Show them the elevator.’ Now they’re
trending more toward the fun, the atmosphere.” That
includes costume parties, he says. So far this year, his
models have been asked to dress up in outfits based
on The Price Is Right and like Elizabethan nobles or
forest nymphs to accommodate a slightly confused
medieval theme.
The agencies say clothing stipulations help
them screen for ulterior motives. Olya Ishchukova,
chief executive officer of Models in Tech, says she
frequently rejects company requests for cleavage
and short-shorts. When a client recently asked for  Most of Palmaz’s
Pink Panther-themed latex bodysuits, “I pretty much unpicked grapes wound
up tasting like ash after
explained to him that this is not what we do—and that the October fire, making
could actually hurt his business” if the public found them a loss
out, she says. She turned down the gig. As helicopters rescued people and their pets off
Ishchukova says she prefers not to send models on Atlas Peak in Napa, Calif., one night amid October’s
atmosphere jobs without specific tasks such as check- fires, Christian Palmaz was nearby battling his
ing coats or serving food. Such tasks help remind own flames. His task: to save his family’s winery,
everyone “they’re there for work, and nothing Palmaz Vineyards.
extra is going to happen,” she says. Hanna’s agency Alone, he walked past the doomed acres of
is among those with a zero-drinks rule for models unpicked grapes to the winery, a series of caves dug
on the job. Most models’ contracts say they won’t 18 levels down into the side of Mount George, where
exchange contact information with party guests, and 90 percent of his wine, more than $10 million worth,
that gets tougher to handle with grace when they’re was fermenting in tanks. It typically requires con-
legally bound to pretend they’re guests, too. stant human monitoring to maintain precise tem-
The guests, of course, are generally less restrained. peratures for the wine, among other things. Palmaz
Holiday parties have featured prominently in several confirmed the backup generators were running and
harassment stories in recent months. As Bloomberg able to keep things cool, but as the tech guy without
reported in November, prominent venture capitalist the savvy of his head winemaker, who was stuck on
Shervin Pishevar allegedly slipped his hand up the leg the other side of the fires, he had every reason to fear
of Austin Geidt, Uber’s then-head of global expansion, the wine could be ruined. By the time he checked the
generators, the guest house was on fire. He hosed tastes, and textures firsthand. To free them up from  The Filcs system,
down embers as they flew off the frame. constantly monitoring temperature and density, nicknamed Felix, tracks
and analyzes minute
Yet the winery survived the worst disaster in Palmaz developed a way to visualize those charac- changes in the wine
the history of California’s wine country unscathed, teristics. He spent the next two years tinkering with tanks and adjusts
because Palmaz wasn’t alone, exactly. He had artifi- liquids and algorithms in his garage. settings to maintain
equilibrium 31
cial intelligence on his side. Temperature, an indicator of yeast health, and
Felix is the nickname for the Fermentation density, which shows how much alcohol has been
Intelligence Logic Control System (Filcs), software converted from sugar, became his measurements
Palmaz engineered to analyze and, eventually, help of choice. He hired Emerson Electric Co., a con-
micromanage the vineyard’s 36 winemaking tanks. sultant on gas pipelines and refineries, to make a
Using technology developed by the petroleum indus- custom two-pronged density meter for the tanks.
try, Felix gathers data 10 times a second from tem- “We told Chris it would be a challenge, because of
perature and density sensors in the tanks and uses the grape skins and stems, and that we hadn’t done
an extensively tested algorithm to adjust settings to it before,” says Dave Schratz, senior sales engineer at
maintain equilibrium. The web-based system had Emerson. Palmaz had them make the sensors anyway
been online since 2014, its Amazon-hosted data- for $12,000 to $14,000 apiece, then made his own
base growing by gigabytes a day, but it was always a sieves to keep the skins and stems out. “That was ○ At risk was
backup, a curiosity. The head winemaker had always the riskiest thing I did. They were crazy expensive,” 90 percent of Palmaz
Vineyards’ wine,
been there, so it had never run solo. he says, though he’s fuzzy on the exact numbers. worth more than
Palmaz bumped up the system’s “aggressiveness,” All told, the setup cost the Palmaz family
giving it more leeway to add glycol or warm water millions—a huge investment for the boutique winery, $10m
as needed, just as the missing cellar crew might do. which produces fewer than 10,000 cases a year.
Felix also watches hundreds of valves to quickly spot Felix’s success under pressure has silenced its doubt-
any blockages and predict and test possible problems ers. Dozens of companies have come by to check out
with fermentation. The system managed the tanks the operation, and E. & J. Gallo Winery, which has
seamlessly with zero human input. “It was never thousands of fermentation tanks, has begun testing
designed to do that,” he says. “It saved the wine.” Emerson’s meters. Palmaz isn’t focused on profit-
Palmaz, whose dad invented a type of coronary ing from his innovation, saying it should be open
stent, has a techier background than the average source and its data available to anyone. “Felix should
wine seller. A business management major at Trinity become a teaching tool,” he says, one that can help
University in San Antonio, he also studied computer explain the reasons for wine’s subtle variations. “I
COURTESY PALMAZ VINEYARDS

and earth science, learning about remote sensing want to get as much information out of it as possi-
and regression modeling. In 2007, when he joined ble, and the best way to do that is to open it up to
the family business bought by his parents a decade the world.” —Larissa Zimberoff
earlier, he tried to bring that technical expertise to
THE BOTTOM LINE Palmaz says his homegrown temperature-
bear. The staff spent much of their time babysitting tweaking AI at his family’s vineyard saved at least $10 million
the fermentation process, testing the tanks’ aromas, worth of wine during October’s Napa Valley fire.
LOOK AHEAD ○ Dec. 15 is a “quadruple witching ○ John Chambers steps down as ○ Money still hasn’t slept, pal.
day,” when four kinds of futures executive chairman of Cisco Systems. Dec. 11 marks 30 years since the

3 and option contracts expire CEO Chuck Robbins becomes chairman release of Wall Street in theaters

F
I
N
A
N
C
32
E Thinking About Bitcoin?
Beware the Whales
○ A handful of big investors online column.) What’s more, the whales can coor-
dinate their moves or preview them to a select few.
are able to rock the market with Many of the large owners have known one another
a shrug for years and stuck by bitcoin through the early days
when it was derided, and they can potentially band
together to tank or prop up the market.
“I think there are a few hundred guys,” says Kyle
On Nov. 12, someone moved almost 25,000 bit- Samani, managing partner at Multicoin Capital. “They
coins, worth about $159 million at the time, to an all probably can call each other, and they probably
online exchange. The news soon rippled through have.” One reason to think so: At least some kinds of
online forums, with bitcoin traders arguing about information sharing is legal, says Gary Ross, a secu-
whether it meant the owner was about to sell the rities lawyer at Ross & Shulga. Because bitcoin is a
digital currency. digital currency and not a security, he says, there’s no
Holders of large amounts of bitcoin are often prohibition against a trade in which a group agrees
known as whales. And they’re becoming a worry to buy enough to push the price up and then cashes
for investors. They can send prices plummeting by out in minutes.
selling even a portion of their holdings. And those Regulators have been slow to catch up with crypto-
sales are more probable now that the cryptocurrency currency trading, so many of the rules are still murky.
ILLUSTRATION BY PATRIK MOLLWING

is up nearly twelvefold from the beginning of the year. If traders not only pushed the price up but also went
About 40 percent of bitcoin is held by perhaps online to spread rumors, that might count as fraud.
December 11, 2017 1,000 users; at current prices, each may want to Bittrex, a digital currency exchange, recently wrote
sell about half of his or her holdings, says Aaron to its users warning that their accounts could be sus-
Edited by Brown, former managing director and head of finan- pended if they banded together into “pump groups”
Pat Regnier
cial markets research at AQR Capital Management. aimed at manipulating prices. The law might also be
Businessweek.com (Brown is a contributor to the Bloomberg Prophets different for other digital coins. Depending on the
 FINANCE Bloomberg Businessweek December 11, 2017

details of how they are structured and how inves- The top 100 bitcoin addresses control 17.3 percent of
tors expect to make money from them, some may all the issued currency, according to Alex Sunnarborg,
count as currencies, according to the U.S. Securities co-founder of crypto hedge fund Tetras Capital. With
and Exchange Commission. ether, a rival to bitcoin, the top 100 addresses control
Asked about whether large holders could move in 40 percent of the supply, and with coins such as ○ About 40 percent of
bitcoin is held by
concert, Roger Ver, a well-known early bitcoin inves- Gnosis, Qtum, and Storj, top holders control more
tor, said in an email: “I suspect that is likely true, and
people should be able to do whatever they want with
than 90 percent. Many large owners are part of the
teams running these projects.
1,000
users
their own money. I’ve personally never had time for Some argue this is no different than what happens
things like that though.” in more established markets. “A good comparison
“As in any asset class, large individual holders is to early stage equity,” BlockTower’s Paul wrote.
and large institutional holders can and do collude “Similar to those equity deals, often the founders
to manipulate price,” Ari Paul, co-founder of and a handful of investors will own the majority
BlockTower Capital and a former portfolio manager of the asset.” Other investors say the whales won’t
of the University of Chicago endowment, wrote in an dump their holdings, because they have faith in the
electronic message. “In cryptocurrency, such manip- long-term potential of the coins. “I believe that it’s
ulation is extreme because of the youth of these common sense that these whales that own so much
markets and the speculative nature of the assets.” bitcoin and bitcoin cash, they don’t want to destroy
The recent rise in its price is difficult to explain either one,” says Sebastian Kinsman, who lives in
because bitcoin has no intrinsic value. Launched in Prague and trades coins. But as prices go through the
2009 with a white paper written under a pseudonym, roof, that calculation might change. —Olga Kharif
it’s a form of digital payment maintained by an inde-
THE BOTTOM LINE It’s not necessarily illegal for big holders of
pendent network of computers on the internet‚ using some cryptocurrencies to discuss trading with one another. That
cryptography to verify transactions. Its most fervent puts small buyers at a disadvantage.
believers say it could displace banks and even tradi-
tional money, but it’s only worth what someone will
trade for it, making it prey to big shifts in sentiment.
Like most hedge fund managers specializing in
cryptocurrencies, Samani constantly tracks trading
activity of addresses known to belong to the biggest
They Gave Her a $3.8 Million 33

investors in the coins he holds. (Although bitcoin Bonus—and Then the Boot
transactions are designed to be anonymous, each one
is associated with a coded address that can be seen
by anyone.) When he sees activity, Samani immedi- ○ In the richly paid, secretive world of hedge funds,
ately calls the likely sellers and can often get infor- few women reach the top
mation on motivations behind their sales and their
trading plans, he says. Some funds end up buying
one another’s holdings directly, without going into Christine Rohrbeck, a rising star at hedge fund
the open market, to avoid affecting the currency’s Baupost Group, remembered the advice from her
price. “Investors are generally more forthcoming with yearend performance review: “Lean in.” A male
other investors,” Samani says. “We all kind of know senior partner was echoing Facebook Inc.’s Sheryl
who one another are, and we all help each other out Sandberg, who advises women to strive for top jobs
and share notes. We all just want to make money.” and resist assuming that family commitments must
Ross says gathering intelligence is legal. derail their careers. Still in her 30s, Rohrbeck would
Ordinary investors, of course, don’t have the earn a $3.75 million bonus for that year, 2014. She “The finance
cachet required to get a multimillionaire to take heard it was the most of anyone in a similar role industry,
their call. While they can track addresses with large at Baupost, one of the largest and most success- including
holdings online and start heated discussions of ful hedge funds. Yet the next year, after almost a
hedge funds ...
market moves on Reddit forums, they’re ultimately in decade at the Boston fund, the Harvard MBA was
the dark on the whales’ plans and motives. “There’s out of a job. Rohrbeck blamed gender discrimina- has a lot of
no transparency to speak of in this market,” says tion and an illness. Baupost at the time employed work to do”
Martin Mushkin, a lawyer who focuses on bitcoin. only two women out of 50 investment profession-
“In the securities business, everything that’s material als, according to her previously undisclosed state
has to be disclosed. In the virtual currency world, it’s discrimination complaint.
very difficult to figure out what’s going on.” Citing a confidentiality agreement, Baupost
Ordinary investors are at an even greater disadvan- declined to discuss the case. Spokeswoman Diana
tage in smaller digital currencies and tokens. Among DeSocio says of Rohrbeck: “We wish her well, but the
the coins people invest in, bitcoin has the least con- allegations have no merit.” Seth Klarman, Baupost’s
centrated ownership, says Spencer Bogart, managing chief executive officer, who was not personally
director and head of research at Blockchain Capital. accused of discrimination, says the fund had been
 FINANCE Bloomberg Businessweek December 11, 2017

working hard to recruit and promote women but and promoting women, Rodriguez says, “the finance ○ Female employees at
hedge fund companies
suffered from an industrywide shortage of female industry, including hedge funds and investment firms, as a share of total
applicants for investment positions. “We do every- has a lot of work to do.” At alternative asset man- employees, by role
thing we can to place women in leadership roles,” agers in North America, such as hedge funds and
Klarman says. “We’re not where we want to be, and venture capital firms, 81 percent of women said they Investor Relations/
the industry isn’t where it should be, but it’s not for find it more difficult for them to succeed than for Marketing

lack of trying at Baupost.” men, according to a 2016 KPMG survey. Forty-four


The Baupost grievance, filed with the percent said they were stereotyped as more commit- 26%
Massachusetts Commission Against Discrimination ted to their personal lives than to work.
in 2016, opens a window into the experience of the At Baupost, 2 of 11 partners are women, and they
relative handful of women who manage money hold leading roles: Chief Financial Officer Barbara
at often secretive hedge funds. These investment O’Connor and Chief Operating Officer Elaine Mann,
vehicles, which oversee more than $3 trillion, rank who oversees areas such as finance, technology,
among the most lucrative redoubts on Wall Street human resources, and investor relations. Mann,
because managers typically keep a 20 percent cut of who has worked for 20 years at Baupost and was Finance/
Accountancy
profits. The year of Rohrbeck’s big bonus, Klarman promoted to COO in 2014, says she supervises 176
was paid $200 million, according to Forbes. of Baupost’s 250 employees. Among her reports,
17%
In her complaint, which was settled this year on more than half the department heads are women.
undisclosed terms, Rohrbeck questioned Baupost’s She says the company offers 17 weeks of paid mater-
record of retaining women, especially after child- nity leave and has ended valuable relationships with
birth. She said her boss made a crude joke to her outside business partners when female employees
about a colleague’s masturbation and that she heard felt they were being mistreated. Since only 5 percent
secondhand that he liked to rate women by appear- of investing applicants are women, Klarman says,
ance. Her case, however, involved more than alle- Baupost is sponsoring conferences and an intern-
Operations
gations of sexist behavior. She said she lost her job ship aimed at recruiting women. “We are proud of
after asking for accommodations because she had our record,” he says. “I want Elaine’s story to be
14%
been diagnosed with celiac disease. every woman’s story.”
At the anti-discrimination agency, Rohrbeck Rohrbeck, who has a bachelor’s degree from
34
was the only woman over the past decade to allege Harvard as well as the MBA, joined Baupost in 2006
gender discrimination at Massachusetts’ largest as an analyst. She specialized in real estate investing.
hedge funds, records show. Employment lawyers After five years, she was promoted to principal, one
say the funds tend to settle such disputes privately rung below managing director, which is then followed
and require women to keep settlements secret. by partner. She consistently won bonuses based on
Investment Team/
Rohrbeck and her attorney declined to comment. her results, she said in her state filing. Portfolio Management
In Boston, at least two of Baupost’s neighbors In 2014, Rohrbeck was diagnosed with celiac
are confronting complaints about their treatment disease, which causes severe stomach pain and
6%
of women. Fidelity Investments recently fired two other distress. She asked her boss, George Rizk,
prominent money managers over sexual harass- another Baupost partner, if she could limit travel for
ment claims. In a lawsuit, still pending, a Fidelity a few months. He agreed. That fall, in her review,
real estate analyst claimed she was fired for com- partner Thomas Blumenthal made his suggestion:
plaining about conditions for women and then black- “I should lean in,” she says he instructed her. After
balled from the industry. The company denies the her review, Rohrbeck read Sandberg’s book, Lean
allegations. Rohrbeck said Baupost also made it hard In. “I became increasingly concerned that Mr.
for her to find another job. In October, financial- Blumenthal’s remark possibly reflected a misconcep-
services company State Street Corp. agreed to pay tion at Baupost that my gender might interfere with
$5 million to settle federal allegations that it paid 300 my ability to perform my job,” she said in her com-
female executives less than their male colleagues. plaint. Baupost said Blumenthal had no comment.
State Street disputed the findings. After Thanksgiving, she confronted Blumenthal,
Women hold only 11 percent of senior roles at noting a trend of women on the investment team
hedge funds, 21 percent of midlevel positions, and leaving shortly after having their first child. At
EXCLUDES FUNDS OF HEDGE FUNDS; DATA: PREQIN LTD.

26 percent of junior ones, according to money- Blumenthal’s suggestion, she met with COO Mann.
management data firm Preqin Ltd. They are under- In January 2015, when Baupost paid out Rohrbeck’s
represented in investment jobs at hedge funds but $3.75 million bonus, Klarman congratulated her on a
overrepresented in support roles, such as market- “strong year,” according to her filing. But she contin-
ing, according to Dariely Rodriguez, Economic Justice ued to struggle with her illness. At a business meeting
Project director at the Lawyers’ Committee for Civil in Panama, she had to excuse herself because she
Rights Under Law. While almost half of Baupost felt sick and took a cab to the hotel to rest. She told
employees are female, only 8 percent of its invest- her boss what happened, and he asked her to talk
ment professionals are women, and none of them are again with him and Mann—a step Rohrbeck thought
in senior roles. When it comes to recruiting, retaining, was unnecessary. He insisted. “You were a woman
 FINANCE Bloomberg Businessweek December 11, 2017

alone sick in a taxi,” she recalled Rizk saying. object of his affection, according to her account to
In May, criticizing her performance, Rizk put the state. Baupost said Rizk declined to comment.
her on a “development plan,” she said. As her In October 2015, Rohrbeck said, Baupost told her
boss’s scrutiny intensified, Rohrbeck said male col- that she’d be terminated. Rizk, she was informed, had
leagues told her Rizk was more comfortable with concluded her “performance did not meet the stan-
men in the group because he enjoyed sexist banter. dards of a tenured principal.” Even then, she left with
Rizk, she was told, would initiate a game of “Hot? a bonus. In her view, it was evidence of her mistreat-
Not? Or past her prime?” to judge women in the ment because it was such a comedown from the year
real estate industry, according to her complaint. before. It showed how lucrative the hedge fund world
Rohrbeck said she too had seen this side of Rizk at a could be. The sum: $1 million. —Sabrina Willmer
company dinner in early 2015. He brought up a male
THE BOTTOM LINE A former money manager at Baupost,
co-worker who had been fired for masturbating at one of the world’s most successful hedge funds, alleges gender
his desk, then asked Rohrbeck if she had been the discrimation at the firm.

end of last year, Capital One had issued more than


The Case of the Look- 32 million cards to consumers with FICO scores below
660, according to data from the Nilson Report, an
Alike Credit Cards industry publication, and Capital One filings. Credit
One, which largely caters to subprime borrowers,
has issued 9.7 million, according to Nilson. This
○ Credit One is taking on Capital One year, J.D. Power & Associates decided the company
to win subprime borrowers is big enough to include in a customer-satisfaction
ranking for the industry. It came in last. 
Credit One attributes its growth to a data-driven
First National Bank of Marin was a small Las Vegas approach to identifying and luring new customers.
lender with an image problem. Federal investiga- It also helped that many banks pulled back from
35
tors accused it of issuing credit cards to strapped subprime lending after the 2008 financial crisis. So
consumers, then piling on so many fees and obli- how important was a mere logo? Marketing con-
gations that some new clients couldn’t buy a sand- sultants say the Vegas company hit the jackpot.
wich without hitting their credit limit. But by 2006, “Capital One has spent years building up a very pow-
it had settled the claims and was ready to expand. It erful brand image behind that identity,” says Allen
changed its name to Credit One Bank and adopted a Adamson, founder of Brand Simple Consulting. “I
new logo, placing the company’s signature swoosh suspect a majority of their customers are unclear
above its name, arcing leftward from the letter O. that they’re not one and the same company.” The
(See right.) In 2008, credit card titan Capital One similar looks sometimes befuddle consumers, who
Financial Corp. unveiled an almost identical insig- vent online about mix-ups. “I called Capital One and
nia, adding a swoosh near the O. they told me I didn’t have an account with them and
To outsiders, it looked like a classic branding to look at the card,” one person wrote on consumer-
trick: an underdog trying to mimic the look of affairs.com, a consumer complaint website. 
an established company, hoping new customers Credit One is taking some steps to differentiate
○ Credit One had the
wouldn’t notice. Except Credit One had adopted itself. Last year, it unveiled the Credit One Nascar swoosh first
the logo first. “We had already invested heavily in credit card. In November, it became the main
the rebranding, and then their thing popped up,” sponsor for driver Kyle Larson, one of the sport’s
says Sam Dommer, Credit One’s longtime chief mar- rising young stars. This month, it’s opening a new
keting officer. “It would have been easier for them 152,000-square-foot headquarters, which also will
to change, but I think they were far down the road house the company’s data center, one of the largest
with their investment.” A Capital One spokesman in the Southwest. Credit One says it pores over infor-
declined to comment. mation on its cardholders and their transactions to
As the twin logos first emerged, lawyers on both identify new groups of people likely to respond to
sides bristled, according to people with knowledge its ads and pay their bills. It applies those models to
of the situation. The companies let it be. In the Experian Plc ’s database of 220 million U.S. consum-
years that followed, Capital One poured more than ers, scoring potential customers. Then the mailers
$13 billion into marketing, flooding televisions with go out. “When we engage in a direct-mail campaign
its quirky “What’s in Your Wallet?” commercials. Its or any kind of marketing initiative, we’re not cross-
business soared. And so did Credit One’s. ing our fingers, hoping it works,” Dommer says. “All
Today, if you tarnish your FICO score and need an these are based on statistical certainties.”
all-purpose credit card, chances are good that you’ll Last year, Credit One’s outstanding credit card
sign up with one of those two companies. By the loans jumped 29 percent to $4.8 billion, making it
 FINANCE

The Year In Funds and ETFs


the fastest-growing card provider among the nation’s
15 largest, according to the Nilson Report. Credit The U.S. stock market keeps setting records, with the S&P 500
One is owned by Sherman Financial Group, which up 17.4 percent in 2017 through Dec. 6. But investors in mutual
also runs one of the largest consumer-debt buyers funds and ETFs have poured even more new money into bond
in the country. When Credit One borrowers don’t funds. One reason may be that investors are rebalancing their
pay their balances, the company sells those obliga- portfolios after equity gains, says Alina Lamy, a senior analyst at
tions at discounted prices to Sherman and other Morningstar Inc.
debt collectors.
The company has a history of getting into trouble Cumulative net flows into mutual funds and exchange-traded funds, weekly
over fees. In 2001, to settle an investigation by the
Bond $300b
U.S. Office of the Comptroller of the Currency, it
promised to set aside $4 million to repay customers 200
who canceled their cards after realizing fees and a Stock
security deposit would leave them with little or no 100

credit to make purchases. In 2004 it agreed to set Commodity 0


aside $10 million for allegedly encouraging people
Hybrid -100
to charge security deposits to new cards, leaving
some with less than $3 in available credit. In both 1/4/17 11/15/17

cases, the bank didn’t admit wrongdoing.


Consumers still hate the lender’s fees, often citing
them in forums. Others grumble about waiting on ETFs Mutual Funds
hold, only to reach customer-service agents who
aren’t prepared to help resolve issues. While fees can It looks like this will be Traditional mutual funds have
vary among cards, one of the company’s Platinum another record year for brought in new money for the
Visa cards comes with an annual membership fee of flows into exchange- first time since 2014. That’s
$75 for the first year, billed upfront, even on cards traded funds, most of which largely due to the popularity
that come with credit limits of a couple hundred passively track indexes. New of bonds, where many
dollars. On some cards, the company offers no grace purchases outpaced sales by investors still prefer active
36
period, meaning that as soon as a purchase posts to $382 billion through Oct. 31. management to indexing,
a cardholder’s account, it begins accruing interest. says Lamy.
Jim Miller, senior director of the banking prac-
tice at J.D. Power, says Credit One’s poor showing
Cumulative net ETF issuance in Cumulative net cash flow into
in this year’s survey wasn’t a surprise, given that it each of the past three years mutual funds in each year
works with people at the bottom of the credit spec-
trum. He says lenders in that market charge heftier
fees and rates to offset potential losses. “Customers $400b $100b

are less satisfied when they pay interest and don’t 2015 2016 2017
accrue much in rewards,” no matter who the issuer
is, Miller says. “So if you have more of those custom- 0
ers in your portfolio, you would tend to have lower
satisfaction.” The fees and rates that Credit One 200

charges aren’t “really unusual in the subprime cat-


-100
egory for an unsecured card,” says Beverly Harzog, a
consumer advocate who’s written a book on paying
off credit card balances. 2015 2016 2017
Dommer says Credit One’s own surveys show 0 -200

it has above-average scores on a measure of how 1/2015 10/2017 1/2015 9/2017

willing clients are to recommend its products. The


company also points to reviews of its mobile app,
which are better than those for the app of American Where in the World the Money Went
Express Co., the leader of this year’s J.D. Power
rankings. Credit One is dedicated to improving,
Money flowed out of Equity ETF net issuance
DATA: INVESTMENT COMPANY INSTITUTE

Dommer says. Whenever clients point out a problem,


stock mutual funds  U.S.  Rest of the world
managers take note, meet, and figure out how to $300b
prevent it from happening again. “Your cardmember while equity ETFs
relationship is everything,” he says. “And if we screw grew, with the money 150
that up, then we’re in big trouble.” —Jenny Surane split about evenly
between U.S. and 0
THE BOTTOM LINE Credit One has come out of nowhere to international markets. 1/2017 10/2017
become a big player in subprime credit card lending. A lucky
coincidence in logos may have helped.
LOOK AHEAD ○ A two-day conclave of the Fed’s ○ EU leaders meeting on Dec. 14-15 ○ African National Congress
rate setters concludes on Dec. 13— must decide whether Brexit talks delegates gather on Dec. 16 to
with a probable hike can move to the next stage choose their next leader

E Games and Gold in


C ○ Virtual currencies from games
such as RuneScape are prized
other players for real money or cryptocurrencies
such as bitcoin. The practice, which has previ-
ously cropped up in other basket-case economies

O in a country whose real money such as North Korea’s, has become so popular with
Venezuelans that they’re now spreading inflation
is worthless inside the virtual worlds.
“We’ve never made this much before,” says

N
Efrain Peña, 29, who plays seven days a week
They start arriving even before the security shut- at the Mona Pizza cybercafe to support his wife
ters at the west Caracas storefront roll up at about and child. Most Venezuelan gold farmers make
8:30 a.m. For 11 hours a day, they’ll hunch over the equivalent of a couple of dollars a day, but in

O old-fashioned cathode-ray tube monitors and


bang on greasy keyboards in a dim space with a
boarded-up window and a blanket of dust. They
pause just long enough to smoke cigarettes in the
many ways they’re better off than salaried workers,
because their earnings are indexed to Venezuela’s
black-market dollar exchange rate. “What job can
match what we’re making now?” says the onetime

M stairwell. And if someone lingers too long, another


eager person claims his seat and starts hunting
make-believe monsters.
Crisis-wracked Venezuela has become fertile
graphic designer.
Inflation has spiraled into quadruple digits. The
bolívar has shed almost all of its value against the
dollar this year and was trading at 116,359 on the

38
I ground for what’s known as gold farming. People
spend hours a day playing dated online games
such as Tibia and RuneScape to acquire virtual
gold, game points or spoils that they can sell to
black market on Dec. 6. “It’s shameful. I never
thought game currency would be worth more than
that of our country,” says Enegebe Sención, 30, an
out-of-work computer programmer who for the past

C
S

Efrain Peña plays


Tibia at a Caracas
cybercafe 
WIL RIERA/BLOOMBERG

December 11, 2017

Edited by
Cristina Lindblad

Businessweek.com
 ECONOMICS Bloomberg Businessweek December 11, 2017

Desperate Venezuela
five months has played Tibia to support his family. used to regard her husband’s nocturnal gaming as
The socialist regime in Caracas has maintained a nuisance because it kept her up at night. “We’d
strict currency controls for more than a decade, get into ugly fights, and he would tell me: ‘I’ll leave
and the threat of a bust or a ban has made many you before I give up Tibia,’ ” she recalls. “But I can’t
gold farmers reluctant to share too many details argue with what he’s making.”
about the mechanics of the business. Online enter- There are often times when the means of pro-
prises with such names as PapusGold, SoliderGold, duction disappears altogether. A rash of copper-wire
and Tibia Venezuela Coins have sprung up, paying thefts in Caracas took down the internet in some
farmers in bolivares for their virtual gold via bank neighborhoods and prevented Samuel Navas, a
transfers. The online marketplace Mercadolibre is 28-year-old sometime-insurance salesman, from
flooded with listings of virtual treasures. logging onto Tibia for the past two months. That
Hamstrung by shaky internet connections and cost him almost two-thirds of his income and turned
outdated hardware, Venezuela’s gold farmers his wife into the family breadwinner. “As man of the
have gravitated to old-school games that have low house I should be paying the bills,” he says, “but
system requirements and established communi- suddenly everything goes beyond your control.”
ties of players. Willian Natera, 23, took to quest- The gold farmers are scorned by many first-world
ing full time in his favorite childhood title, Tibia, players and the developers of the games, who say
seven months ago. Before that he’d been struggling the practice is unsporting and distorts the value
to make ends meet as a bricklayer in a government of digital currencies. Publishers of the games also
housing program. “It was the work of a donkey, and say it breaks their terms of service and encourages
it barely paid for breakfast,” says Natera, recalling illegal activities such as account hijacking and credit
39
how he had to haul sacks of cement up slum stair- card fraud. Mathew Kemp, a senior project manager
wells. Now he spends his days leading a band of at Jagex in Cambridge, England, the developer of
heroes through a medieval world, smiting poorly RuneScape, said in an email that the company bans
rendered monsters. about 10,000 accounts a day. “If we were to allow
Newer game titles often sell virtual currency gold farming it would destroy the game,” he said.
directly to players, but millions remain hooked on Romer Manuel Peña’s team of gold farmers
classics where virtual gold must be earned. “Old has been banned several times from RuneScape,
games don’t die. We just stop paying attention to forcing them to start over and spend weeks nurtur-
them,” says Edward Castronova, a professor at ing new characters before generating income. The
Indiana University who researched the economics 27-year-old, who used to work as an oil engineer
“We’d get
of massively multiplayer online games. “There is in Venezuela’s central plains, contends his team
always going to be plenty of space for gold farmers.” members are simply trying to get by, and Jagex into ugly
Released in 1997, Tibia still has more than 500,000 should support them. “Shouldn’t they be proud that fights, and
players, according to its website. RuneScape, dating entire families are being fed by their game?” he says. he would tell
to 1999, boasts some 1.6 million active monthly But anger at the influx of farmers in games
such as RuneScape is such that one user of a
me: ‘I’ll leave
players, according to SuperData Research.
José Luis Fragoza, 22, tried gold farming for a Reddit online forum posted a guide to “Killing you before I
few months this year after leaving active military Venezuelans” (since removed) that offered tips give up Tibia’ ”
service, but quit playing for money when his inter- on eliminating their characters.
net service got bogged down. He says it was menial Venezuelan gold farmers’ biggest enemy may
labor, but it kept food on the table. “Hunt, kill, click, prove not to be xenophobic gamers, but them-
repeat,” he says as his paladin hacks and slashes selves. That’s because as more players flock to the
minotaurs, just playing for fun. “But if you’d give online worlds to make a living, they ultimately drive
me a 10-megabyte connection or a job, I’ll stay home down the price of digital gold. “They’re printing
with the internet.” money,” says Vili Lehdonvirta, an economic sociol-
Venezuela’s internet connection speeds are ogist at Oxford University who studies digital
among the slowest in the world—the country scored marketplaces. “Essentially what results is hyper-
worse than war-torn Syria in a 2017 ranking of inflation, as there is lots more currency coming
159 countries. So many gold farmers work night into the system.” —Andrew Rosati
shifts to avoid heavy traffic. Peña’s wife, Ruth
THE BOTTOM LINE Game players can sell their virtual gold to
Villegas, 37, who was whiling away some time at other players for real money or cryptocurrencies. But the market
Mona Pizza with their 6-year-old daughter, says she is getting crowded, and hyperinflation is a threat.
ECONOMICS Bloomberg Businessweek December 11, 2017

city of Neemrana, was established just for Japanese Indian states with the
Modi Takes A Local manufacturers and now hosts Toyota Motor Corp.
and Daikin Industries Ltd. The policy is designed to
largest economies*
Controlled by the

Road To Reform tackle what has become one of the main obstacles to
direct investment in India: A study released last year
BJP or its political
allies

by the Rights and Resources Initiative, a global coali-


○ States controlled by the ruling party are tion of nonprofit organizations, and Tata Institute of Maharashtra

rewriting archaic regulations to attract investment Social Sciences identified $179 billion worth of proj- $274b

ects that had stalled because of land disputes. Many Tamil Nadu

involve farmers and villagers who claim they were 167

India’s Bharatiya Janata Party now controls 18 of dispossessed by corrupt local officials. Uttar Pradesh

29 states, collectively representing about 60 percent Under Chief Minister Vasundhara Raje, Rajasthan 160

of the nation’s gross domestic product. It’s a record is also a testing ground for labor reforms. Changes Karnataka

for Prime Minister Narendra Modi’s party and may introduced in 2014 allow companies to lay off as 141

help put an end to decades of fighting between the many as 300 workers without government permis- Gujarat

central government and provincial chief ministers. It sion; the previous threshold was 100 employees. 138

also could be a boon for business if erratic local pol- Under the new rules, trade union representation West Bengal

icies (and officials) don’t get in the way. can be introduced only with the support of at 122

While Modi’s lack of a majority in the upper least 30 percent of a company’s workers, up from Rajasthan

house of Parliament hinders his ability to imple- 15 percent. Similarly, the Factories Act, a document 94

ment change at the federal level, the BJP’s state- dating from 1948 that governs everything from work Andhra Pradesh

level victories give him the chance to speed up hours to minimum age requirements, was amended 81

structural reforms geared at creating a more even to apply to sites that employ 20 or more workers, up Kerala

playing field across India—a country that, to the frus- from 10. Trade unions opposed the measures, but 81

tration of many investors, is a crazy quilt of local there is a consensus that India’s arcane labor rules Telangana

laws and regulations. On July 1, Modi’s government discourage businesses from scaling up. “Whether 80

introduced a national goods and services tax that it’s a BJP state or a Congress state or a whatever
replaced myriad provincial levies. It’s also consid-
40
ering changes to laws governing land purchases and
the labor code, though these will likely have to wait Spreading Influence
until after national elections scheduled for 2019. The BJP rules 18 of India’s 29 states
The BJP’s conquest of the states and its policies Bharatiya Janata Party and allies Indian National Congress Other
to unify regulations could usher in a new kind of
competition among states for investment, with tax

*FIGURES ARE FOR THE 2014-15 FISCAL YEAR, THE LAST FULL YEAR AVAILABLE; DATA: NATIONAL INSTITUTE FOR TRANSFORMING INDIA
breaks and corruption playing a diminishing role and
factors such as swifter permit approvals and better
Line of control
infrastructure becoming more important. “Over the
past few years, we have seen a concerted effort by
the central government to drive competitive federal-
ism among states,” says Abhishek Gupta, a Mumbai-
based analyst with Bloomberg Economics. New Delhi
Modi is fueling the rivalry by sending state gov-
ernments a bigger share of federal tax revenue—
42 percent, up from 32 percent previously. If his
strategy works and more of the country sees an eco-
nomic boost, it could cement the BJP’s position in
Kolkata
power and set him up for reelection in 2019.
Rajasthan, a poor state on the border with
Pakistan where the BJP assumed power in 2013, has
become a laboratory for the sort of business-friendly Mumbai
policies needed to support Make in India, a Modi
program that aims to turn the country into a global
manufacturing hub. “Rajasthan is almost always
Bay of Bengal
among the leaders in terms of the highest number
of positive regulatory changes,” says Richard Rossow
at the Center for Strategic and International Studies
in Washington, D.C.
To lure businesses to the state, the Rajasthan gov-
ernment has been purchasing land directly from
farmers to set up industrial parks. One, near the
 ECONOMICS Bloomberg Businessweek December 11, 2017

state, it’s leadership that delivers results,” says Salil ferret out facilities that flouted regulations, but in
Singhal, whose agrochemicals business has oper- practice the crackdown targeted businesses owned
ations in Gujarat and Rajasthan. “There is now a by Muslims and was meant to appeal to hard-line
competition among the states to say, ‘Things are Hindu voters. Executives at legitimate meat export-
better here than elsewhere, so come and invest ers complained of official harassment and a steep
in my state.’” drop in business.
The BJP has spread across India at a remark- In Haryana, the three-year-old BJP government has
able rate. The party won elections in March in come under fire for its handling of a series of riots
Uttar Pradesh, India’s most populous state, with in August sparked by the arrest of a religious leader,
200 million people, as well as in the smaller states including one that killed more than 30 people. The
of Goa and Manipur. Polls suggest that in December violence mirrored a week of angry protests in 2016
elections it’s poised to retain power in Gujarat, Modi’s that prompted Maruti Suzuki India Ltd. to tempo-
home state, and could also wrest control of Himachal rarily halt production at two factories in the state.
Pradesh from the opposition Congress party. The Chief Minister Manohar Lal Khattar has defended the
BJP’s electoral gains may be starting to peter out, police response during the unrest, but Congress party
however. “What are left are the more difficult states— members have called for his resignation.
West Bengal, Kerala, Tamil Nadu—where our presence Milan Vaishnav, a senior fellow at the Carnegie
has been negligible at best,” says Yashwant Sinha, a Endowment for International Peace, says that while
senior party leader who was minister of finance in a these incidents have complex causes, they also under-
previous BJP government. cut Modi’s pledge “to bring a dose of good governance
Not all BJP-led state governments have been good to India’s states.” Says Vaishnav: “This raises concerns
for business, however. In Uttar Pradesh, the firebrand not only for wary investors but also for residents of
Hindu monk the party appointed as chief minis- the state.” —Iain Marlow and Bibhudatta Pradhan
ter in March immediately channeled the religion’s
THE BOTTOM LINE Indian states ruled by the Bharatiya Janata
worship of cows into a campaign against so-called Party are becoming laboratories for labor and land rights reforms
illegal slaughterhouses. Ostensibly, the goal was to that Modi can’t enact at the federal level.

41

Questioning the Strength


Of the Shale Boom
○ MIT researchers say optimistic government forecasts rest on a faulty assumption

Turns out, America’s decade-long shale boom might drillers to focus on what the industry calls “sweet
be a little too good to last. spots,” areas where oil and gas are easiest to extract.
There’s no denying that fracking has turned the “The EIA is assuming that productivity of individual
U.S. into a force in the global oil and gas markets, wells will continue to rise as a result of improvements “It’s really hard
which has quite a few people—not least President in technology,” says Justin Montgomery, a researcher to bet against
Donald Trump—abuzz about the prospect of energy at MIT and one of the study’s authors. “This com- the ability of
independence. But researchers at MIT have uncov- pounds year after year, like interest, so the further
ered one potentially game-changing detail: a flaw out in the future the wells are drilled, the more that the industry to
in the Department of Energy’s official forecast, they are being overestimated.” improve and
which may vastly overstate U.S. oil and gas pro- Extrapolating from field studies Montgomery and get more out of
duction in the years to come. his colleague Francis O’Sullivan conducted in North the rock”
The culprit, they say, is the U.S. Energy Dakota’s Bakken Shale deposit, the research suggests
Information Administration’s premise that better that total U.S. oil and natural gas production from
technology has been driving nearly all the recent new wells could undershoot the EIA estimate by more
output gains and will continue to boost production than 10 percent in 2020. Things would get progres-
for the foreseeable future. Instead, the research sug- sively worse each year after that as wells in various
gests, increases have been largely the result of some- sweet spots are exhausted and technology fails to
thing more mundane: low energy prices. These led close the gap. “The same forecasting methods
 ECONOMICS Bloomberg Businessweek December 11, 2017

are used in other plays in the U.S., and the same considered the EIA’s “exaggerated” forecasts, saying
dynamic is likely to be present,” Montgomery says. they’re depressing U.S. oil prices.
Margaret Coleman, the EIA’s leader of oil and Yet MIT’s findings stand out by providing some
gas exploration and production analysis, said in an evidence that backs those assertions. The problem
interview that “the study raises valid points about with the EIA’s numbers, the researchers say, is that
the importance of sweet spotting, which we account they give drillers too much credit for coming up with
for in our models,” and the agency is looking at ways to improve fracking.
ways to reduce the uncertainty of its projections. While the EIA’s model assumes that technical
She added that many shale fields lack the detailed advances—such as longer wells and more effective
well data that informed the MIT study, which means use of water and sand used in fracking—increase
EIA forecasters have to use known geologic informa- output at new wells by roughly 10 percent each
tion and assumptions about prices and technology year, MIT findings from the Bakken region put ○ MIT estimate of
to come up with estimates more than 25 years out. the increase at closer to 6.5 percent, according to how much technical
advances increase
MIT’s results may be skewed because the 42-month Montgomery. Boosting the productivity of each new
output at new wells, vs.
study didn’t include enough wells drilled after oil well matters because it’s the only way to increase the EIA’s 10 percent
prices collapsed in 2014, she said. output. Typically, production drops precipitously
There’s little doubt the technologies and tech- soon after a well is tapped. The EIA recently esti- 6.5%
niques used to extract oil and natural gas trapped mated about half of U.S. oil output came from wells
within rock formations thousands of feet below two or fewer years old.
the Earth’s surface have gotten better. And intui- So even though output in the Bakken more than
tively, it makes a lot of sense that better methods tripled from 2012 to mid-2015 on a per-well basis,
have boosted U.S. shale output and helped lead to MIT’s research suggests the main reason for the
finds. “It’s really hard to bet against the ability of the increase is that shale companies abandoned iffier
industry to improve and get more out of the rock,” fields to drill in the best acreage following the slump
says Manuj Nikhanj, co-chief executive officer of RS in energy prices. The trend is evident in local North
Energy Group, a provider of energy data and analysis. Dakota statistics. Output in booming McKenzie
Just last month, International Energy Agency County has held steady, while neighboring Williams
Executive Director Fatih Birol said shale produc- and Mountrail counties have experienced declines.
42
tion will make the U.S. the “undisputed leader of “There certainly could be some validity to getting
global oil and gas markets for decades to come.” (It’s a rosier forecast because right now the industry
worth noting that the U.S. hasn’t been No. 1 for all is working sweet spots,” says Dave Yoxtheimer, a
that long: It edged Russia out of the top spot in 2012 hydrogeologist at Pennsylvania State University’s
and has remained there since.) Marcellus Center for Outreach and Research.
If the MIT researchers are right, the implications “When that’s all played out, they’re going to have
could be significant. In the past three years, oil prices to go to the tier-two acreage, which isn’t going to
have been stuck around $50 a barrel partly because be as productive.”
of rising shale output in the U.S., while natural gas Indeed, signs of a slowdown have started to
has been selling for an average of less than $3 per appear. Gas output in the Marcellus basin has fallen
million British thermal units. As recently as 2014, 10 percent on a per-rig basis since reaching a high
prices for both were twice as high. in September 2016. In the Permian Basin, per-rig
A slowdown in production could mean not only oil production has decreased almost 20 percent
higher energy prices but also the end of the U.S. over a similar span.
shale industry’s role as the one producer able to Richard Bereschik knows firsthand that shale
counter OPEC’s might. The shale boom has repeat- isn’t a sure thing. The superintendent of schools
edly frustrated the Saudi-led cartel’s attempts to in Wellsville, Ohio—a small Rust Belt community
control oil prices. along the western bank of the Ohio River—recalls
As recently as 2015, the Organization of the the rush he and other townsfolk experienced when
Petroleum Exporting Countries tried to pump its Chesapeake Energy Corp. came through some six
U.S. rivals out of business, only to retreat after shale years ago, leasing out huge tracts for development.
drillers adapted by paring costs. At the conclusion Wellsville sits atop the Marcellus and Utica shale
of its latest meeting in Vienna on Nov. 30, the orga- formations and is only 20 miles from a concentra-
nization and its allies agreed to maintain oil output tion of sweet spots, but Bereschik says Chesapeake
cuts through 2018, extending a campaign to wrest stopped renewing leases after the bottom fell out
back the global market. in prices. “Everyone thought we’d found a goose
The MIT researchers aren’t the first to question that laid the golden egg,” he says. But ultimately,
the projected growth of U.S. shale. Analysts have long “it’s not the boom we all expected.” —Jim Polson
debated varying methods used to predict output. and Tim Loh, with Ryan Collins
And unsurprisingly, the Saudis have cast doubt on
THE BOTTOM LINE MIT research suggests U.S. oil and natural
how long America’s shale boom can last. Even billion- gas production from new wells could undershoot the EIA estimate
aire oilman Harold Hamm recently slammed what he by more than 10 percent in 2020.
LOOK AHEAD ○ Alabama’s Dec. 12 Senate special ○ The FCC will vote on a proposed ○ Hamas marks its 30th anniversary
election pits Republican Roy Moore draft plan to roll back net neutrality on Dec. 14, raising concern in Israel

5 against Democrat Doug Jones rules for the internet over the potential for violence

P
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44
C
S

December 11, 2017


Robert Mueller may have just made sure that
Edited by
Matthew Philips
even if he gets fired, his investigation will live on
Businessweek.com
 POLITICS Bloomberg Businessweek December 11, 2017

The Dec. 1 plea deal struck with President Trump’s convicted under state law. For prosecutors in New
former national security adviser, Michael Flynn, York, “the Manafort case is like a legal Chia Pet,” says
marked a big step forward in Robert Mueller’s Weinstein. “Just add water, and it grows.” Manhattan
Russia investigation. It may also have provided some District Attorney Cyrus Vance Jr. is investigating the
protection for Mueller against being fired by the circumstances surrounding unusual real estate loans
president—and helped ensure that his probe will to Manafort from a bank run by Steve Calk, who
continue, even if one day he’s not leading it. served as an adviser to the Trump campaign. New
Flynn pleaded guilty to one count of lying to York Attorney General Eric Schneiderman is con-
federal agents about his communications with the ducting his own Trump-related probe.
Russian ambassador last December. Given the other Trump’s reaction to Flynn’s plea raised fresh ques-
potential crimes that Flynn may have committed, tions about whether the president had obstructed
including his failure to disclose that he was being justice. The day after Flynn appeared in court, Trump
paid millions of dollars by a Turkish company while tweeted that he fired Flynn because he’d lied to the
serving as a top official in the White House, the rel- FBI, which some lawyers say provided a new piece
atively light charge signaled to many that Flynn had of evidence of what the president knew and when he
something significant worth sharing. knew it. Legal experts say Mueller’s ability to bring
As Mueller’s probe has gotten closer to Trump’s an obstruction case against Trump could hinge on
inner orbit, speculation has risen over whether whether the president was aware of Flynn’s illegal
Trump might find a way to shut it down. The Flynn activities when he fired FBI Director James Comey.
deal may make that harder. For one thing, it shows Prosecuting an obstruction case without an under-
that Mueller is making progress. “Any rational pros- lying crime is problematic. Critics could demand to “Any rational
ecutor would realize that in this political environ- know what crime Trump or his campaign officials
prosecutor
ment, laying down a few markers would be a good committed to justify the charge. Many have already
way of fending off criticism that the prosecutors are argued that collusion itself isn’t a crime. And within would realize
burning through money and not accomplishing any- days of the Flynn agreement, Trump’s personal that in this
thing,” says Samuel Buell, a former federal prosecu- lawyer, John Dowd, began pushing back against the political
tor now at Duke Law School. notion that a sitting president can even be charged
environment,
The Flynn plea also makes it difficult for Trump to with obstruction.
laying down a 45
fire Mueller without inviting accusations of a cover-up Mueller is also looking at conduct before the
and sparking a constitutional crisis, says Michael election, when Trump was a private citizen and few markers
Weinstein, a former Department of Justice prosecu- not covered by the executive protections afforded would be a
tor now at the law firm Cole Schotz. “There would by the Oval Office. If Mueller uncovers evidence that
good way of
be a groundswell, it would look so objectionable, like the campaign accepted Russian help, that opens
the Saturday Night Massacre with Nixon,” Weinstein up the possibility of charging people in the Trump fending off
says, referring to President Richard Nixon’s attempt campaign with conspiracy related to the solicitation criticism”
to derail the Watergate investigation in 1973 by firing of in-kind foreign donations. Mueller’s team would
special prosecutor Archibald Cox. be on stronger ground if it uncovered evidence
Even if Mueller goes, his team is providing tools of any quid pro quo deals struck during the cam-
that other prosecutors or investigators can use to paign, either in changes to the GOP platform favor-
continue inquiries. Flynn’s deal requires him to ing Russia or promises made to entice Moscow’s
cooperate with state and local officials as well as help against Hillary Clinton.
with federal investigators. That includes submit- Flynn alone may not be enough to advance an
ting to a polygraph test and taking part in “covert obstruction or collusion case. Prosecutors would
law enforcement activities.” Mueller also has likely need evidence against other high-ranking
provided a road map to state prosecutors inter- Trump associates, including perhaps Jared Kushner.
ested in pursuing money laundering charges against “Unless you’ve got them on tape, you’re going to need
Trump’s former campaign chairman, Paul Manafort. a lot better witnesses than Flynn,” says Raymond
Mueller’s case against Manafort lays out a series Banoun, a former federal prosecutor.
of irregular wire transfers made from Manafort’s Some experts believe that Mueller’s probe is now
PHOTO ILLUSTRATION BY 731; PHOTOS: GETTY IMAGES (2)

bank accounts in Cyprus to a variety of compa- almost certain to reach a step beyond that. “Before
nies in the U.S. The sums that Manafort transferred this is wrapped up, Mueller’s going to request an inter-
suggest the possibility that some of the money was view with the president, and he may even request
diverted for other purposes. Mueller stopped short it under oath,” says Amy Sabrin, a Washington
of filing charges related to where the money went. lawyer who worked for Bill Clinton on the Paula Jones
But by including the details in his indictment, he sexual harassment case. “And then what is Trump
left open the possibility of bringing charges in a going to do?” —Greg Farrell, Tom Schoenberg, and
follow-up indictment and perhaps left breadcrumbs Neil Weinberg
for state authorities to pursue.
THE BOTTOM LINE Flynn’s plea deal marks a big step forward
The president can pardon people convicted of for Mueller’s Russia probe and also helps him ensure it continues
federal crimes; only governors can pardon those should Trump fire him.
 POLITICS Bloomberg Businessweek December 11, 2017

Iran’s Sanction-
Buster in Istanbul
○ A gold trader turned FBI star witness details a massive money laundering scheme to help Tehran get
around a financial embargo. The testimony may undermine relations between the U.S. and Turkey

Looking nervous and somber, the FBI’s star witness confidants, former New York Mayor Rudy Giuliani
entered from the lockup and shuffled across the New and ex-U.S. Attorney General Michael Mukasey,
York federal courtroom in a beige prison smock. The who tried to cut a deal for his release, including
Turkish-Iranian gold trader took a seat at the witness a prisoner swap. But those efforts failed. Then in
stand for the hearing on Nov. 29, the second day of September, Zarrab vanished.
testimony in a money laundering and sanctions- For weeks, his whereabouts were a mystery.
evasion case brought by the U.S. government. Asked The prison registry said he’d been released. Court
to state his name, he said he was Reza Zarrab. papers indicated he was no longer participating in
Not long ago, Zarrab’s life might have fit the defense of the case. It wasn’t until he appeared ○ Zarrab testified that
he moved enough gold
the description of a James Bond villain’s—he in court on Nov. 29 that the full story surfaced. The to generate a personal
glided around Istanbul with his pop-star wife in FBI had removed him from jail to protect him from profit of up to
46
Aston Martins and Range Rovers, flew on private threats, keeping him under guard at an undisclosed
planes, and sported around the Aegean with his own location. By then, Zarrab had secretly pleaded guilty $150m
jetpack and submarine. He liked to carry a gold-plated to all the charges against him and agreed to help
pistol and kept an office at Trump Towers Istanbul. the U.S. government. As part of his deal, prosecu-
That all came to an end in March 2016, when Zarrab tors offered him and his family witness protection.
was arrested by FBI agents as he arrived in Miami for Over more than a week on the witness stand,
a vacation at Disney World. Over the next 18 months, Zarrab spun a stunning tale of corruption and
Zarrab, 34, was the chief defendant in a prosecution double-dealing that reached the highest levels of
accusing him and others of a conspiracy to launder the Turkish government, all the way up to President
almost $1 billion through banks in the U.S. to help Iran Recep Tayyip Erdogan. The case has further soured
evade sanctions over its nuclear program. Washington and Ankara’s already strained relation-
Zarrab hired a team of 16 lawyers from some of ship, revealing how America’s longtime ally may have
the most elite U.S. law firms. After the 2016 pres- helped Iran undermine sanctions even as Turkey
idential election, he enlisted two Donald Trump received millions of dollars in U.S. aid. Nine people

How to Launder $1 billion of Sanctioned Iranian Oil Money Out of Turkey


In his testimony, Reza Zarrab gave prosecutors a step-by-step diagram of one of his schemes

① Iran sells oil to Turkey. ② Turkey deposits the ③ Zarrab’s role begins when ④ Halkbank transfers the ⑤ Zarrab uses the money to
But Iran can’t take Turkey’s money into an account the money is transferred money from Sarmayeh’s buy gold in Turkey. He loads
money because of owned by the National from NIOC’S Halkbank account into one owned by a suitcase with it and gives
international sanctions. Iranian Oil Co. account into another at one of Zarrab’s companies. it to a courier, who takes it
(NIOC) at the Turkish Halkbank owned by the onto a plane.
bank Halkbank. Iranian bank Sarmayeh.

POLITICS

have been charged, including Turkey’s former


economy minister and past chief executive officer
of Halkbank, a major Turkish bank owned by the
government. Of them, only one—a senior Halkbank
executive named Mehmet Hakan Atilla, Zarrab’s
former co-defendant—is on trial. The others have
all avoided U.S. arrest.
In court, Zarrab laid out how he paid tens of mil-
lions of dollars in bribes to Turkish government
officials and banking executives to win their assis- money in Turkey to his own company accounts there  Zarrab
tance—and cover—for the money laundering opera- and then export it in the form of physical gold to
tion. He dropped a bombshell on his second day of Dubai. From there, it was diverted into the interna-
testimony, when he implicated Erdogan as part of the tional financial system and used to make payments
scheme, saying he was told Turkey’s president gave to entities designated by Iran, sometimes through
orders that two Turkish banks be included in the plot. accounts at banks in New York. He then developed
The son of a wealthy Iranian steel magnate, Zarrab similar schemes to gain access to Iran’s money in
moved to Turkey as a toddler and started various other countries, with varying degrees of success.
enterprises in his teens. His main business became At the peak of his operation, Zarrab claims he was
money transfers, currency exchange, and gold using as many as 15 couriers a day to move more than
trading. In 2005, Zarrab became a Turkish citizen. 1,000 pounds of gold at a time. Later, when a new
Meanwhile, his father was part of a team assem- round of sanctions cut off gold as an option, Zarrab
bled by Iran’s newly elected president, Mahmoud developed a system portraying the flows as human-
Ahmadinejad, to help work around U.S. sanctions, itarian food shipments—though no food was sent.
which had ratcheted up in response to Ahmadinejad’s Zarrab said that over four years, he was able to
aggressive pursuit of a nuclear program. Iran claimed get almost all of Iran’s billions out of Turkey and
the program was for peaceful purposes, but in 2011, more out of India, China, and Italy. He testified that
the International Atomic Energy Agency said it could he charged $4 to $5 per $1,000 he moved, generating
not rule out a military intent. what he claimed was up to $150 million for himself,
47
That led the U.S., along with the United Nations, some of which, he said, went to bribes and bank
to impose even tougher sanctions in 2012 to cut off fees. Officials at the U.S. Department of the Treasury
Iran’s banks from the global financial system and grew suspicious of some of Zarrab’s transactions
OZAN KOSE/AFP/GETTY IMAGES; ILLUSTRATIONS BY TOMI UM

block its access to revenue from oil and gas sales. and in 2012 and 2014 went to Halkbank in Turkey
Iran’s economy fell into recession; inflation spiked to warn it against doing Iran’s business.
into the double digits. Although Iran continued to sell While the scheme worked for the most part, it
oil, the proceeds began piling up in banks beyond its already had begun to unravel. On a foggy New Year’s
reach. By 2012, Iran had billions of dollars and euros Eve in 2012, a plane carrying a Zarrab shipment was
sitting in banks in Turkey, China, India, Italy, and unexpectedly forced to land in Istanbul for refueling.
Japan. As sanctions tightened, Zarrab testified that Customs officers found more than a ton of undeclared
he’d learned that Iran’s central bank and national oil gold in the cargo hold. The subsequent probe pro-
company were looking for ways to get at their money. duced reams of wiretapped audio recordings, records
According to prosecutors, beginning in 2012, of text messages, and other materials. Authorities
Zarrab devised an intricate scheme to move Iran’s raided the home of Halkbank’s CEO, Suleyman

⑥ On customs forms, the ⑦ Zarrab takes custody ⑧ He sells it in Dubai ⑨ Zarrab turns the funds ⑩ Rostamani uses the
gold is marked as bound of the gold through an for cash in the local over to a money-transfer money to make payments on
for Iran, but the courier office in Dubai. currency, dirhams. company in Dubai, Iran’s behalf, running dollar-
gets off in Dubai. Rostamani Exchange, along denominated transactions
with payment instructions through accounts at banks
designated by Iran. in the U.S.
 POLITICS Bloomberg Businessweek December 11, 2017

Aslan, and found $4.5 million in cash stuffed into


shoe boxes. Turkish police arrested Zarrab in 2013.
Stranger Things
But Erdogan soon shut the case down, firing and Spending on lobbying from groups for and against the Trump administration
plan to subsidize coal and nuclear power*
even jailing police officers and prosecutors han-
dling it. Zarrab was freed, and the scheme resumed,
though his role as Iran’s banker to the world had by $96.3m opposing $17.2m supporting
now drawn the attention of the FBI, which began
its own probe. By 2015 federal agents had enough
evidence to secure a secret grand jury indictment $93.4m
against Zarrab in New York. Oil and gas industry

Prosecutors have cited repeated instances in $1.0m


Solar Energy
which Zarrab invoked Erdogan’s name in further- Industries Association $10.3m
ance of the laundering scheme, including recorded $0.7m Mining industry
conversations in which he told people he’d laid out Natural Resources $3.6m
the entire plan to Erdogan. In one 2013 conversation, Defense Council Exelon

Zarrab said: “Even if we do two billion, that is import- $0.6m $1.7m


American Wind Energy Association FirstEnergy
ant. Do you understand? It is important for me, in
$0.4m $1.4m
the eye of the prime minister, since I will go straight Sierra Club Nuclear Energy Institute
to him.” (Erdogan was prime minister from 2003 $0.3m $0.3m
to 2014.) Prosecutors have cited donations Zarrab Industrial Energy Consumers of America Murray Energy
directed to charities associated with Erdogan’s family.
Despite Zarrab’s efforts, the sanctions had their
*YEAR-TO-DATE LOBBYING TOTALS ARE GENERAL AND NOT SPECIFICALLY TIED TO EFFORTS SUPPORTING OR OPPOSING THE RULE.
intended effect. Iran soon came to the negotiating DATA: CENTER FOR RESPONSIVE POLITICS

table to discuss modifying its nuclear program. The


country struck a deal in July 2015, with the sanc- subsidizing coal and nuclear plants. Within hours
tions lifted beginning in January 2016. By then, of the plan’s release, Wetstone was busy pulling
the course of Zarrab’s odyssey had already been together a team of unlikely allies, including solar
set. On his second day on the witness stand, the installers, oil refineries, and natural gas drillers, all
48
Erdogan administration moved to seize his assets worried that the plan would raise electricity costs
in Turkey. And in a speech on Nov. 30, after Zarrab and undercut their fuel source in the power markets.
implicated him, Erdogan said: “We have not broken By the end of October, Wetstone’s renewable
an embargo.” —Christian Berthelsen energy council had joined the American Petroleum
Institute and 19 other energy lobby groups in opposi-
THE BOTTOM LINE The testimony of Reza Zarrab has revealed
a vast scheme that Iran used to get around sanctions aimed at tion to the plan. “It’s not often that our interests align,
punishing the country for its nuclear program. but I think everyone recognizes the importance of
standing up together,” Wetstone says. “It’s a reflection
of how disruptive the policy put forward would be.”
On Dec. 11 the Federal Energy Regulatory
Commission (FERC), which oversees the nation’s
Perry’s Coal Plan electricity markets, votes on whether to approve
Perry’s plan. If approved, it could help achieve
Unites Energy Trump’s goal of putting U.S. coal miners back to
work by giving unprofitable coal power plants an
Lobbyists edge against more economical ones that run off
cheap wind, solar, and natural gas.
When he proposed his grid overhaul in
○ A bid to subsidize coal and nuclear September, Perry relied on an obscure statute to
plants draws ire from oil and renewables argue that regulators should reward coal and nuclear
plants because their ability to keep enough fuel on
hand to operate for months at a time makes them
In his 20 years of promoting renewable energy in more reliable sources of power. Perry has asked
Washington, Gregory Wetstone has made common FERC to allow power plants with 90 days of fuel
cause with a range of special interest groups— on site to charge customers more money. No one’s
environmentalists, power utilities, even a handful really sure how much that would raise Americans’
of natural gas producers. President Donald Trump’s power bills. Estimates range from a few hundred
efforts to bail out the coal industry led Wetstone, the million dollars to more than $200 billion a year.
head of the American Council on Renewable Energy, Perry’s proposal caught energy lobbyists across
to find a new partner: Big Oil. Washington off guard. One oil company executive
On Sept. 29, Energy Secretary Rick Perry released described frantic emails and phone calls trying to
a plan to overhaul the country’s power markets by suss out details on it the night before it was released.
 POLITICS

Taxes Endgame
Energy lobbyists scrambled to prepare executives,
including at least two chief executive officers, for In reconciling their tax bills, the House and
phone calls and face-to-face meetings with top
Department of Energy and FERC officials. Ben van Senate may favor the Senate’s version
Beurden, CEO of Royal Dutch Shell Plc, pressed the since the effort will fail if just three GOP
issue with Perry when the two crossed paths at a
recent energy event in Paris. “I haven’t seen the senators vote no. Here are four of the
U.S. gas or power industry this concerned in a long most important points of disagreement.
time,” says Orlando Alvarez, the head of BP Energy
Co.’s natural gas and power marketing and trading —Peter Coy and Sahil Kapur
business. “It’s getting attention of senior executives
at many energy companies we deal with.”
The solar and wind energy associations faced a Individual income tax cuts
flurry of questions from anxious executives, alarmed
by what the plan would mean for their business
models. “It was everybody panicking together,” says ○ No expiration ○ Expire in 2026
Christopher Mansour, vice president of the Solar
Energy Industries Association.
Tensions have also erupted among longtime The Senate made its individual cuts temporary to comply with deficit limits. Republicans
have taken to arguing that future Congresses won’t let the individual tax breaks expire.
allies. After Trump officials heralded a newly
updated U.S. Chamber of Commerce-backed study
that justified Perry’s proposal by concluding that
closing coal-fired power plants would raise elec-
Individual tax rates
tricity costs and lead to the loss of 1 million jobs, oil
and gas members of the business group revolted. ○ Top rate ○ Top rate
Not only were those results at odds with the Energy
Department’s own staff analysis, but oil and gas com- of 39.6% of 38.5%
panies were outraged that a study from a group they
49
paid dues to was being used against them.
Lawmakers could raise money for other priorities by adopting the House’s higher
During a conference call on Nov. 15, represen- top rate. Both versions’ highest rates kick in at $500,000 for a single filer.
tatives of a handful of oil and gas companies took
turns bashing Karen Harbert, the head of the U.S.
Chamber’s Global Energy Institute, for promot- Alternative minimum tax
ing the study and providing a supportive quote in
a news release accompanying the report, say two
participants in the call. These groups had lined up ○ Repeals both ○ Keeps both
behind Harbert as she fought against the Obama
administration’s Clean Power Plan; now they
the individual and AMTs, but raises
wanted the Chamber to publicly rescind its per- corporate AMTs exemption for indi-
ceived support for Perry’s plan.
On Nov. 30, the Heritage Foundation hosted an
viduals until 2026
energy and climate forum that featured coal-magnate
Robert Murray, CEO of Murray Energy Corp. He called Republicans are trying to find ways to end the corporate AMT, which, set at 20 percent,
Perry’s coal plan the most important thing that’s been could suppress business spending on research and development.
done for the power grid in 60 years. “I met privately
with President Trump on that three times,” he said.
“We must stop these closings of these power plants.” “Pass-through” businesses
A few hours before Murray spoke, Heritage held
a separate public event meant to highlight skepti-
cism of Perry’s grid plan, complete with a critic
○ Top rate of 25% ○ 23% of busi-
from the free-market Institute for Energy Research. for business income ness income can
“The actual subsidy structure of the proposed rule
is simply unacceptable,” Kenny Stein, a policy direc-
reported on per- be deducted from
tor at the institute, said at the event. “Ultimately, sonal returns taxable income, but
the answer to government distortions can’t be to
introduce new distortions that just favor different
no special rate
companies.” —Ari Natter and Jennifer A. Dlouhy
THE BOTTOM LINE Energy Secretary Perry wants regulators The bills use incompatible approaches to lower taxes on pass-through businesses.
to approve a plan that would allow coal and nuclear plants to Lawmakers will have to pick which one to go with.
charge customers more for the power they produce.
+

F
O Small
C Business
U
S
This fall’s hurricane season has been rough on
Jesús Vázquez’s family business outside San
Juan. Their 35-year-old ice factory and adjacent

Struggling laundromat hasn’t had power since Hurricane


Irma, which hit Puerto Rico on Sept. 6, two
weeks before Hurricane Maria devastated the
50
To Keep the island. And the family’s rental property business
is losing roughly $35,000 a month, because it’s
not charging rent to tenants who lack power, lost

Lights On their jobs, or can’t reopen their own businesses.


Vázquez says he’s spending three times as
much on diesel generators as he did on electric-
ity from the island’s bankrupt power utility, the
Puerto Rico Electric Power Authority (Prepa).
Most of his clients are small—convenience stores,
restaurants, bars—and many haven’t reopened.
“The ideal word to describe the overall situation

PHOTOGRAPHS BY ERIKA P. RODRIGUEZ FOR BLOOMBERG BUSINESSWEEK; ILLUSTRATION BY KHYLIN WOODROW


Slow hurricane recovery is ‘catastrophic,’” he says. More than two months
poses a long-term threat to since Maria, “you realize things are not improv-
ing, particularly for small businesses.”
Puerto Rico’s small businesses Delays in restoring and running power
consistently—Prepa’s generation capacity is
only around 68 percent—are undermining Puerto
Rico’s entrepreneurs. Business conditions have
been bad for years, a result of a decade-long
recession, which spurred significant migration
away from the island. As many as 470,000 Puerto
Ricans may move to the mainland through 2019,
according to a report by the Center for Puerto
Rican Studies at Hunter College in New York,
because of Maria’s destruction. In early December
a federal judge canceled plans to bring Puerto
Rico’s $74 billion bankruptcy case back to the
December 11, 2017
island because of hotel closures.
Edited by Nelson Ramírez, president of the Centro Unido
Dimitra Kessenides de Detallistas (CUD), a small-business advocacy
and Jillian Goodman
group in San Juan, estimates two-thirds of the
Businessweek.com
 FOCUS / SMALL BUSINESS

island’s roughly 45,000 small and midsize businesses have


closed temporarily. “Our conservative estimate was 5,000
businesses wouldn’t ever reopen,” Ramírez says. “But it
could easily reach 10,000.” Permanent closures could hit Vázquez at his
40 percent, says Arnaldo Cruz, director of research and family-run ice
analytics at the nonprofit Foundation for Puerto Rico. “The factory in Río
Piedras, San Juan
Puerto Rico government has very bad economic data, even
before Maria, so we won’t get accurate official reports for
a while,” he says.
Small and midsize businesses represent 90 percent of
private companies on the island and about one-third of the
workforce, according to data released last year by the com-
monwealth government’s Puerto Rico Trade and Export Co.
The fallout from this year’s hurricanes is already apparent:
U.S. Department of Labor figures show employers cut pay-
rolls the most in 21 years in October and unemployment
claims surged to an 11-year high in November.
“Business owners say the situation is dire,” says Ramírez.
“When they close and lay off their workers, it becomes a
vicious cycle, because those people don’t buy things, the Management Agency’s private-sector division director.
economy weakens, and people leave the island.” The Small Business Administration is offering low-interest
Carla López de Azúa, who rents spaces to artisans business loans of up to $2 million to owners in Puerto Rico
and restaurateurs in her 8,000-square-foot market in San affected by Maria. Of the 3,533 applications received as
Juan’s Santurce area, is committed to the island’s recovery, of Dec. 5, the agency has approved only 50 loans totaling
even though half her tenants left after the power failed and $6.2 million. “This is the early phase of the small business
economic indicators turned grim. Supermarket prices, for recovery,” agency spokeswoman Carol Chastang wrote in
example, have “skyrocketed,” she says. “I know people who an email. “Loan approvals will increase in the coming days.”
51
don’t know what they are going to feed their kids.” She notes the deadline has been extended to March 20.
Since her power returned in late November, she’s been Cruz says many Puerto Rican entrepreneurs won’t apply
trying to lure back tenants who shut their businesses. Puerto for the loans if they’re not sure they’ll have enough clients
Rico’s economic difficulty isn’t new, López de Azúa says. to keep their businesses running.
Many of her renters lost their jobs during the most recent Some, like Ignacio Pino, who runs biotech startup CDI
recession and reinvented themselves as entrepreneurs. After Laboratories Inc. in an industrial park in Mayaguez, are cau-
Maria, some left for the U.S. mainland. “It’s important for them tiously optimistic. Even though CDI has lost about $400,000
to know they can come back and make a living,” she says. since Maria, the business is in a better position than most
Restoring, then improving, the power grid is priority No. 1 because it doesn’t depend on local customers. It ships its
for the island’s recovery. “Infrastructure has to work,” says proteins to hospital research labs and other clients on the
Cruz of the Foundation for Puerto Rico, noting that a lot of mainland. “It’s going to be hell, but I think we’ll make it,”
the island still has no consistent power. Once businesses Pino says. As a Plan B, his team is scouting locations in
are back on the grid, you will see “economic recovery really, the states that lure biotech companies with incentives. He’s
really accelerate,” says Rob Glenn, the Federal Emergency trying to raise expansion capital but worries investors won’t
want to risk their money on a small company in Puerto Rico.
Betting a small cash infusion can help, the Foundation for
Puerto Rico has raised almost $600,000 to give in $5,000
allotments to entrepreneurs in commercial districts it’s
trying to revive, says Cruz. The Puerto Rico Trade and
Export Co. in mid-November started a $200,000 program
awarding grants of up to $1,000 to businesses affected
by the hurricanes. Executive Director Ricardo Llerandi
acknowledges the donations available aren’t nearly enough.
Many businesses won’t survive, but a year from now, he
predicts, new entrepreneurs will have cropped up in their
place. Says Llerandi: “There’s a spirit of, I’ll create my own
job instead of asking someone for a job.” —Nick Leiber
Customers wait
in line for ice at the
factory, which is THE BOTTOM LINE Roughly two-thirds of Puerto Rico’s 45,000 small and
still without power midsize businesses have closed temporarily following Maria, according to
one estimate. As many as 10,000 of those aren’t likely to reopen.
 FOCUS / SMALL BUSINESS Bloomberg Businessweek December 11, 2017

style and function. Its founders— from angel investors. Christeson, the
Sali Christeson, 31, a former cloud chief executive officer, won’t reveal
services manager at Cisco Systems sales figures. Argent sells online and
Inc., and Eleanor Turner, also 31 and at about one women’s conference a
The Right a former designer for Tory Burch and
J.Crew—started the brand in 2016
month and at networking events. It has
set up pop-up stores in San Francisco
Outfit at the after concluding most women’s
workwear was dowdy and outdated.
and Washington. Most clothing is man-
ufactured in New York, near Argent’s
Right Price Before producing their initial collec-
tion, they analyzed how they typically
showroom, so the company can quickly
make samples and oversee production.
spent time at their offices, moving One hurdle is getting inventory
from meeting to meeting and car- right. Argent often runs out of styles
rying handbags weighed down by in certain sizes. While common among
cellphones, cosmetics, and other small apparel makers, it’s a problem
Selling mostly online, Argent items. “We decided to engineer what for a brand premised on making
wants to make it easier for women today need right into each shopping easier for the time-starved.
women to dress for success piece of clothing,” says Turner, the Customers who don’t find the item
chief creative officer. they want in their size may be reluc-
The brand’s Crossover blazer, tant to come back. “We can’t always
When Christel Clevenger attended which retails for $325, has a media keep up with demand,” Turner says.
a conference last year for execu- pocket for a phone and additional Other rapidly growing startups
tive women in Silicon Valley, the last pockets for items such as pens or lip- include MM.LaFleur Inc., which expects
thing she expected to do was shop stick. Blazers are designed so women sales this year of $70 million. The
for clothes. But between presenta- can thread their earbuds through the company started in 2013 with seven
tions, while strolling through the exhi- sleeves. Most of the brand’s trousers, dresses. It offers more conservative
bition area, she noticed “a beautifully which sell for $198 to $248, have a fashions and plus sizes for women
tailored, navy check blazer” hanging loop on the belt line where a corpo- who’ve had few workwear choices.
52
from a rack in one booth. It was made Even globally, startups founded by
by Argent, a brand she’d never heard women are addressing the gap in the
of. She began trying on some items market for women’s office attire. In
and quickly purchased a blazer, a Delhi a former McKinsey & Co. con-
shirt, and a pair of pants. sultant last year launched FableStreet,
“They remain some of my go-to which has raised angel funding to
pieces,” says Clevenger, who’s in her expand in India. In London, the Fold
40s and a senior program manager at is an e-commerce luxury apparel line
a large software maker. She continues started by a former finance executive.
to shop at the mostly online retailer “Women in their 20s, 30s, and
of women’s workwear. “Their clothes 40s climbing the ladder need to look
break away from the boring profes- polished and put-together to keep
sional clothing found in department advancing, but they can’t spend $1,000
stores,” she says. “Plus, they’re well- on a luxury suit, and they don’t want to
made and travel easily.” spend their precious spare time shop-
Argent is among more startups pro- rate ID can be attached and a hidden ping,” says Carol Hochman, former
viding affordable, contemporary cloth- back pocket for credit and metro CEO of Danskin and a former execu-
ing for women of all ages and sizes. cards. Some pants and blazers are tive group president at Liz Claiborne.
“There’s been much more of a push reversible, giving women two outfits “These startups fill a big hole in work-
of casual leisure than career clothing for the price of one. Most items can wear at this price point.”
by retailers, so there’s a shortage of be worn year-round. Talia Kennedy, a millennial manager
options for professional women,” says “There’s hardly anything compel- at a tech company near San Francisco,
Simeon Siegel, executive director at ling in fashion right now,” Bill Dreher, has been wearing Argent’s clothing
Nomura/Instinet Equity Research, who a retailing analyst at Susquehanna every day for the past year. Argent
follows the retail industry. “And while Financial Group LLP, says of the offers “a fresh take on what a woman at
ILLUSTRATIONS BY KHYLIN WOODROW

behemoths like Amazon are growing,” $41 billion market for women’s work should look like,” she says. “The
he says, there’s room for small busi- apparel. “But if you offer convenience brand has soul.” —Carol Hymowitz
nesses as midsize companies such and value, and combine that with
as Talbots Inc. and Ann Taylor parent high-tech fabrics and other high-tech
THE BOTTOM LINE Argent is one of several
Ascena Retail Group are closing stores. elements, the product sells itself.” e-retailers filling a hole in the market for women’s
Argent is all about combining Argent has raised $1.5 million attire with stylish workwear.
 FOCUS / SMALL BUSINESS Bloomberg Businessweek December 11, 2017

Relaxation Tanks Are


Stressful Business

With corrosive salt water and spaced-out patrons, what could go wrong?

Jennie Herb and Tracy Pafel are not relaxed. Their new can’t be banging on walls.”) Expect blame for all manner
business, Blue Lotus Float Co., is more than 12 months of health ailments. “Two days later, if someone gets a rash,
behind schedule, slowed by a series of flummoxed land- they’ll call you because the float tank was the weirdest
lords and contractors who don’t understand what the heck thing they’ve done recently,” he said.
a “float company” is. Seven years ago, Jahromi and Float Conference
Were their business up and running, however, the cure co-founder Graham Talley, along with a third partner,
for their stress would be within easy reach. Floating is a opened their own center in Portland—Float On—which they
kind of recreational physical therapy in which customers thought would be the first in a nationwide chain. Once they
spend 90 minutes suspended in a tank of salt water heated realized how difficult it is to get just one up and running,
to skin temperature, housed in a room with no lights and however, they changed course. “Honestly,” Talley says,
no noise—in other words, no stimulation. “the amount of people that are getting into floating from
Initially, Herb, 36, and Pafel, 42, thought opening their the centers we helped open is much more than we could
own tank center would be similar to starting any other small have introduced by expanding our own business.” In addi-
business. Herb rattles off the many complications they’ve tion to the Float Conference, they sell software designed
faced since then: Customers must shower before and after to help entrepreneurs manage the unique demands of the
53
floating (which is done in the nude), so they need a shower business, and operate Float Tank Solutions, a consulting
in every room. “There’s the waterproofing and soundproof- company that sells a $4,400, 180-page book of construc-
ing—we’re basically building rooms within a room,” she says. tion specifications and a $2,170 business plan for getting
“Plus all the salt-proofing, so we can’t use normal wall or a float center off the ground.
floor products. And we need higher ceilings,” because no Herb and Pafel left Portland calmed, bolstered by fresh
one wants to feel like they’re floating in a coffin. Build-outs research on the benefits of floating to athletes: The space
can cost as much as $320,000 for a three-tank facility—not they’d recently secured is near a Baltimore Ravens training
including the tanks, which run $20,000 to $55,000 each. center in Owings Mills, Md. The months since have brought
Despite the challenges, floating is a growing industry. more surprises, mostly positive. Their landlord directed
Informal tallies suggest there are more than 300 float them to another potential space a mile away with existing
centers in the U.S., up from 50 in 2010—with no industry- bathrooms, ceilings, and sprinklers, but after two months
specific regulatory organization keeping track, it’s tough of drawing up plans, the landlord realized that converting
to get an accurate count. A spate of recent studies have their first space would be less expensive. “We just negoti-
found floating helpful for ailments ranging from depression ated a lease proposal and are now waiting for the designer
and post-traumatic stress disorder to chronic pain and to finish the drawings,” Pafel says. “But with all the months
Lyme disease. of work we did on the last space, it should be fairly easy to
In August, Herb and Pafel traveled from their home in transfer all of our design details to the new space.” They’ve
the Baltimore area to join 300 other float entrepreneurs occupied the downtime by working on their website, which
at the annual Float Conference in Portland, Ore., followed was launched this month.
by a three-day apprenticeship class. They attended the One of the last wrinkles is from Baltimore County’s
course free of charge, thanks to a prize they’d won in a health department, which asked Blue Lotus to follow reg-
contest for best float center business plan. (Another prize ulations geared toward pools and spas. “We’ll be strat-
was 2,200 pounds of Epsom salt.) egizing to try and educate officials in hopes of overcoming
At the conference, Ashkahn Jahromi, one of the event’s regulations we can’t possibly comply with—like having
founders, led a group session on sanitation and operations. continuous filtration,” which would disturb the necessary
Surfaces should be white or speckled white, he said, to cam- sensory nothingness, Pafel says. “We aren’t running a
ouflage salt. Keep an extra set of pumps and parts, partic- Jacuzzi business.” —Arianne Cohen
ularly the breakable ones. Collect money upfront, because
post-float, people feel, um, floaty and tend to wander out.
THE BOTTOM LINE Float centers are becoming popular, but their
Realize that repairs should happen only when the center precise requirements and expensive equipment necessitate extensive
is closed. (“You run a sensory deprivation business. You upfront logistics and labor.
Bloomberg Businessweek

In the Philippines,
Facebook
Is a Weapon.

54
She’s th

Maria Ressa, co-founder


of the country’s leading
online news site
December 11, 2017

e Target 55

Social media in the age of


“patriotic trolling”

By Lauren Etter
Photograph by Kevin Kunishi
Bloomberg Businessweek

Rodrigo Duterte walked down the aisle of a packed auditorium videographers, and other staff churn out
at De La Salle University in downtown Manila, shaking hands various types of content—breaking news, life-
and waving to nearly 2,000 college students snapping photos style stories, edgy video features in the style
of the rising political star. At the front of the hall, waiting for of Vice News. On the day I visited in October,
him in a sharp red jacket, was Maria Ressa, co-founder of the a video team was editing a virtual-reality doc-
Philippines’ largest online news site, Rappler. umentary about the city of Marawi, which for
Ressa, something of a journalistic legend in her country, nearly six months had been embroiled in a
had invited five candidates for the 2016 Philippine presiden- war between the Philippine government and
tial election to a Rappler forum called #TheLeaderIWant. Islamic militants.
Only Duterte showed on this January afternoon. So, after the Rappler’s varied content is a reflection
crowd stood for the national anthem, Ressa introduced the of Ressa, a woman who has so many ideas that she often
lone candidate and his running mate. “The stage is yours,” shifts topics midsentence and will occasionally run from desk
she said to applause. to desk for meetings. She spent almost two decades on-air
For the next two hours, Duterte, under bright lights, sat in with CNN, then led the news division of the largest broad-
a white leather chair as Ressa lobbed questions that had been caster in the Philippines, ABS-CBN Corp. Born in Manila
crowdsourced on Facebook, the co-sponsor of the forum. This and raised in New Jersey, she broke major stories after the
was a peak moment for both interviewer and subject. While Sept. 11 terrorist attacks, connecting the masterminds of the
the event elevated Ressa and her four-year-old company, it also plot to terror cells in the Philippines. She wrote two books
gave the then-mayor of Davao City, known as “the Punisher” for on Southeast Asian jihadi networks, and in 2008 personally
his brutal response to crime in the southern Philippine city, an negotiated the release of three members of her news staff
exceptional opportunity to showcase his views. It was broad- who’d been kidnapped by Abu Sayyaf, an al-Qaeda affiliate
cast on 200 television and radio stations, and viewing parties in the southern Philippines.
on more than 40 college campuses across the Philippines tuned So it may be surprising to learn that the interview that
in as the event was livestreamed. launched Rappler six years ago was a Facebook video filmed
The Philippines is prime Facebook country—smartphones in Ressa’s apartment with Alodia Gosiengfiao, a young cosplay
outnumber people, and 97 percent of Filipinos who are online (as in costume play) model. She was best known for dressing up
have Facebook accounts. Ressa’s forum introduced Duterte to as pigtailed anime characters and buxom video game heroines.
Filipino millennials on the platform where they live. Duterte, With nearly 1 million Facebook followers, she helped Rappler
56
a quick social media study despite being 71 at the time of the position itself outside the old strictures of traditional news.
election, took it from there. He hired strategists who helped Rappler demonstrated its seriousness, however, by domi-
him transform his modest online presence, creating an army of nating the 2012 coverage of the impeachment trial of the chief
Facebook personalities and bloggers worldwide. His large base justice of the supreme court. The next year the company put
of followers—enthusiastic and often vicious—was sometimes together a public debate forum for Senate candidates that was
called the Duterte Die-Hard Supporters, or simply DDS. No one livestreamed on Facebook. As each candidate answered ques-
missed the reference to another DDS: Duterte’s infamous Davao tions, audience members clicked on what Rappler called a mood
Death Squad, widely thought to have killed hundreds of people. meter, and a line gauging their reactions popped up on a screen
“At the beginning I actually loved it, because I felt like this next to the candidate. It was a breakout moment for Rappler,
was untapped potential,” Ressa says. “Duterte’s campaign on even if the candidates vowed never to participate in that setting
social media was groundbreaking.” again—they described the experience as nerve-wracking. (Ressa
Until it became crushing. Since being elected in May 2016, says that reaction partly explains why Duterte was the only
Duterte has turned Facebook into a weapon. The same Facebook candidate to accept her invitation for her presidential forum.)
personalities who fought dirty to see Duterte win were brought Rappler was given another boost in March 2015 when it
inside the Malacañang Palace. From there they are methodically entered into a partnership with Internet.org, a free service estab-
taking down opponents, including a prominent senator and lished by Facebook Inc. aimed at giving the world’s then nearly
human-rights activist who became the target of vicious online 5 billion unconnected people access to the internet—and, of
attacks and was ultimately jailed on a drug charge. course, to Facebook. The program was meant to highlight the
And then, as Ressa began probing the government’s use of company’s expansive vision of itself. Facebook wasn’t just about
social media and writing stories critical of the new president, connecting friends anymore. It was becoming a basic neces-
the force of Facebook was turned against her. sity, a powerful tool for poor and sometimes isolated people in
Colombia, India, Ghana, Kenya, Tanzania, Zambia—and now
To get to the offices of Rappler—the word is a portmanteau the Philippines.
of “rap” and “ripple”—you wind through the hilly streets of To advertise the global rollout of Internet.org, Facebook
Manila, swept along by a tide of motorcycles, small cars, and Chief Executive Officer Mark Zuckerberg posted a picture on
vibrantly decorated jeepneys. Perched at the top of a hill is an his page of a young Filipino looking at a phone while sitting
up-and-coming neighborhood just north of the Pasig River, where in the cab of a colorful motorized tricycle of the sort that
Rappler sits on the third floor of a nondescript tower nestled is ubiquitous in the Philippines. “Here’s a photo of Jaime,
between the Coffee Bean & Tea Leaf and a Tim Hortons. The ele- a driver in Manila who uses Facebook and the internet to
vator doors open to a large concrete hall, with orange (Rappler’s stay in touch,” Zuckerberg wrote. “We’re one step closer to
signature color) balloons floating on the ground in front of a connecting the world. ... Now everyone in the country can
glass-enclosed office. Inside, about 100 editors, reporters, have free access to internet services.” Rappler would be one
Ressa interviews December 11, 2017
President Duterte in late
2016, shortly before their
relationship soured

of the free network’s featured sites. Internet.org was just one part of a decade-long campaign
As the campaign for the 2016 Philippine of global expansion for Facebook. In countries such as the
presidential election got under way, Philippines, the efforts have been so successful that the
Facebook began receiving inquiries from company is able to tout to its advertisers that its network is,
candidates on how they could best use the for many people, the only version of the internet they know.
platform. In January the company flew in Repressive governments originally treated Facebook, and all
three employees who spent a week holding social media, with suspicion—they saw how it could serve as a
training sessions with candidates. When it locus for dissidents, as it had during the Arab Spring in 2011.
was Duterte’s turn, the Facebook team gath- But authoritarian regimes are now embracing social media,
ered with the campaign inside the Peninsula shaping the platforms into a tool to wage war against a wide
Manila Hotel. The campaign staff was trained in everything from range of opponents—opposition parties, human-rights activ-
the basics of setting up a campaign page and getting it authenti- ists, minority populations, journalists.
cated with the trademark blue check mark to how to use content The phenomenon, sometimes referred to as “patriotic
to attract followers. As an example of the use of unscripted trolling,” involves the use of targeted harassment and propa-
video, the Duterte campaign was shown a live Facebook video ganda meant to go viral and to give the impression that there
of Barack Obama preparing for his State of the Union speech in is a groundswell of organic support for the government. Much
2016. The clip garnered more views than a video of the actual of the trolling is carried out by true believers, but there is
address to Congress. evidence that some governments, including Duterte’s, pay
Armed with new knowledge, Duterte’s people constructed a people to execute attacks against opponents. Trolls use all
social media apparatus unlike that of any other candidate in the the social media platforms—including Twitter, Instagram, and
race. The strategy relied on hundreds of volunteers organized YouTube, in addition to the comments sections of news sites.
into four groups—three in the Philippines, based on geography, But in the Philippines, Facebook is dominant.
and one comprising overseas Filipino workers, a crucial constit- Ressa exposed herself to this in September 2016, a little more
uency—to distribute messages created by the campaign. Every than three months after the election. On a Friday night, a bomb
day the campaign would tee up the messages for the following ripped through a night market in Davao City, Duterte’s home-
day, and the volunteers would distribute them across networks town, killing 14 and injuring dozens more. Within hours, Duterte

“Either they’re negligent or ... 57

that included real and fake Facebook accounts, some with hun- implemented a nationwide state of emergency. That weekend,
dreds of thousands of followers. the most-read story on Rappler was an archived item about the
Facebook initially started receiving complaints about inau- arrest of a man caught planting an improvised explosive device,
thentic pages. It seemed harmless enough—they supported a also in Davao City. The article had been written six months
range of candidates, and most of them appeared to originate earlier, and the incident had no connection to the night market
from zealous fans. Soon, however, there were complaints about bombing—but it was circulating on the same Facebook pages that
Duterte’s Facebook army circulating aggressive messages, insults, promoted Duterte’s presidency, and people were commenting
and threats of violence. Then the campaign itself began circulat- on it as if to justify the state of emergency.
ing false information. In March one of the campaign’s Facebook This, and another earlier incident, became the basis of the
pages posted a fake endorsement by Pope Francis, with the article that altered Ressa’s relationship with her government.
words “Even the Pope Admires Duterte” beneath the pope’s She titled it “Propaganda War: Weaponizing the Internet.”
image. The Catholic Bishops’ Conference of the Philippines Within hours of publication, she and Rappler were being
posted a statement saying, “May we inform the public that this attacked through Facebook. She began receiving rapid-fire
statement from the Pope IS NOT TRUE. ... We beg everyone to hate messages. “Leave our country!!!! WHORE!!!!!!” read one.
please stop spreading this.” The messages became increasingly violent: “I want Maria
Duterte ended up dominating the political conversation so Ressa to be raped repeatedly to death.” When she later
thoroughly that in April, a month before the vote, a Facebook reported that she was getting as many as 90 such messages
report called him the “undisputed king of Facebook conver- per hour, including rape threats, the tidal wave began again.
sations.” He was the subject of 64 percent of all Philippine The onslaught became so disturbing that Ressa sent her social
election-related conversations on the site. media team to counseling. She installed an armed guard in
After Duterte won, Facebook did what it does for govern- front of her office. By November an #UnfollowRappler cam-
ments all over the world—it began deepening its partnership paign led to Rappler losing 52,000 of its Facebook followers,
with the new administration, offering white-glove services to or about 1 percent.
help it maximize the platform’s potential and use best prac- Manila was changing. The economy had boomed under the
BETH FRONDOSO/RAPPLER

tices. Even as Duterte banned the independent press from cov- previous administration, but much of the wealth gains went
ering his inauguration live from inside Rizal Ceremonial Hall, the to the top, and some Filipinos had taken to calling the capital
new administration arranged for the event to be streamed on “Imperial Manila.” Duterte, who was born in one of the nation’s
Facebook, giving Filipinos around the world insider access to pre- poorest regions, positioned himself as a champion for regular
and post-ceremonial events as they met their new strongman. people. He told Filipinos the nation was being ruined by drug
Bloomberg Businessweek

abuse and related crime, and promised to bring to the capital It says it will add 10,000 workers worldwide to handle security
the merciless strategy he’d employed in Davao. Soon, Duterte’s issues, increase its use of third-party fact-checkers to identify
death squads prowled the streets at night in search of drug fake news, and coordinate more closely with governments to
dealers and other criminals. Images of blood-smeared bodies find sources of misinformation and abuse. But the most chal-
slumped over on sidewalks, women cradling dead husbands, lenging questions—such as what happens when the govern-
and corpses in satin-lined caskets went viral. As the bodies piled ment itself is a bad actor and where to draw the line between
up—more than 7,000 people have been killed as part of Duterte’s free speech and a credible threat of violence—are beyond the
war on drugs—the social media war escalated. scope of these fixes. What stays and what goes from the site
Ressa had already watched Duterte’s supporters undo his is still decided subjectively, often by third-party contractors—
opponents. Senator Leila de Lima, who’d led an investigation many of them stationed, as it happens, in the Philippines, a
into Duterte’s extrajudicial killings in Davao City, was tar- long-standing outsourcing hub.
geted by viral Facebook articles with headlines like “Leila Facebook is inherently conflicted. It promises advertis-
de Lima is an idiot” and “Leila de Lima is the patron saint ers it will deliver interested and engaged users—and often
of drug lords.” An #ArrestLeilaDeLima campaign began—the what is interesting and engaging is salacious, aggressive, or
origins are unclear—and in February she was arrested, on simply false. “I don’t think you can underestimate how much
drug charges that she disputes. (De Lima is listed by Amnesty of a role they play in societal discourse,” says Carly Nyst, a
International as one of the world’s “Human Rights Defenders London-based consultant on technology and human rights
Under Threat.”) Duterte also targeted the Philippine Daily who’s studied patriotic trolling around the world. “This is a
Inquirer, one of the nation’s most prominent newspapers, in real moment that they have to take some responsibility. These
part because it maintained what it called a kill list—a record tools they’ve promised as tools of communication and con-
of drug war victims. In public remarks, Duterte called the nection are being abused.”
owners of the newspaper “sons of bitches” who “went too far” Facebook’s executives say the company isn’t interested in
in their “nonsense” and warned that “someday, karma will being an arbiter of truth, in part because it doesn’t want to
come.” In July, the family that owned the paper announced it assume the role of censor or be seen as having an editorial
was selling it to a wealthy businessman who is a close friend opinion that may alienate users. Nonetheless, it’s been under
of Duterte’s. increasing pressure to act. In the Philippines, it began conduct-

58
... they’re complicit in state-sp
Ressa grew more alarmed after the powerful campaign blog- ing safety workshops in 2016 to educate journalists and non-
gers were brought even closer—in one case, into the adminis- governmental organization workers. These cover the basics:
tration itself. Mocha Uson, an actress and DDS blogger with an overview of the company’s community standards policies,
more than 5 million followers, was named assistant communica- how to block a harasser, how to report abusive content, how to
tions secretary. R.J. Nieto, who runs the influential pro-Duterte spot fake accounts and other sources of misinformation. The
site Thinking Pinoy, which has frequently taken aim at Ressa, company has increased the number of Tagalog speakers on its
was hired as a consultant to the Department of Foreign Affairs. global Community Operations team in an effort to better root
(“Pinoy” is slang for Filipino.) out local slurs and other abusive language.  
The Rappler data team had spent months keeping track of Still, Facebook maintains that an aspect of the problem in the
the Facebook accounts that were going after critics of Duterte. Philippines is simply that the country has come online fast and
Now Ressa found herself following the trail of her own critics hasn’t yet learned the emergent rules of the internet. In October
as well. She identified 26 accounts that were particularly viru- the company offered a “Think Before You Share” workshop for
lent. They were all fake (one account used a photo of a young Filipino students, which focused on teaching them “digital lit-
woman who was actually a Korean pop star), and all followed eracy” skills, including critical thinking, empowerment, kind-
one another. The 26 accounts were posting almost the exact ness, and empathy.
same content, which was also appearing on faux-news sites Nyst says this amounts to “suggesting that digital literacy
such as Global Friends of Rody Duterte and Pinoy Viral News. should also encapsulate the ability to distinguish between state-
The messages being posted consistently linked back to sponsored harassment and fake news and genuine content.”
pro-Duterte pages. Ressa and her team put all these accounts The company, she says, “is taking the position that it is individ-
into a database, which grew rapidly as they began automating uals who are at fault for being manipulated by the content that
the collection of information, scraping Facebook pages and appears on Facebook’s platform.”
other public sites. They took to calling their database the Shark In Europe, that isn’t good enough: The U.K., Germany, and
Tank. Today it contains more than 12 million accounts that have France have threatened fines and increased regulation if the
created or distributed pro-Duterte messages or fake news. Ressa company doesn’t take more steps to prevent fake news and
isn’t sure how many of these accounts are fake. extremist propaganda. Ten days before the French elections
Even in the U.S., where Facebook has been hauled before in April, Facebook announced it would suspend 30,000 fake
Congress to explain its role in a Russian disinformation cam- accounts. Ressa wondered why the company was willing to
paign designed to influence the U.S. presidential election, the act in France but in the Philippines said people needed to
company doesn’t have a clear answer for how it will stem abuse. bone up on online etiquette. “We are going through much
December 11, 2017

worse than any of the Western nations, and our institutions Businessweek, the panel ordered Rappler to produce evidence
are far weaker,” she says. “It made me really realize that I that the company wasn’t in violation of a constitutional provi-
needed to speak up.” sion limiting ownership of media companies to Philippine cit-
izens. Rappler has overseas investors, including North Base
In April, Ressa met with Zuckerberg at the F8 conference in Media Ltd., a Cayman Islands-based venture capital firm with
San Jose, an annual event for Facebook developers. After a investors from around the world, and Omidyar Network, a
keynote by Zuckerberg, Ressa joined a group of other entrepre- venture capital firm started by EBay Inc. founder Pierre
neurs for a meeting with the Facebook founder. When it was Omidyar. Rappler’s response to the special panel was that the
her turn to talk, she described how critical Facebook was to investments were made legally through a common financial
Filipinos, that it was essentially the country’s most important instrument called a Philippine Depositary Receipt, which, unlike
public space. Politely, she also expressed dismay at how it had traditional shares, does not confer ownership or control. It isn’t
become a tool to spread what she called government propa- clear whether this explanation will suffice. The SEC has broad
ganda. She then invited Zuckerberg to come to the Philippines. powers to refer cases to the Philippines’ Department of Justice
A few days later she sent an email to a New York-based for criminal charges.
Facebook manager in charge of journalism projects saying Rappler was born on Facebook and lives there still—it’s the
that the issues she’d raised in earlier emails to the company’s predominant source of Rappler’s traffic. So Ressa finds herself in
Asia-Pacific division had not been addressed. She attached an awkward spot. She has avoided rocking the boat, because she
some of the underlying data from the Shark Tank and outlined worries that one of the most powerful companies in the world
the scope of the harassment she was enduring. In May she could essentially crush her. What if Facebook tweaked the algo-
wrote again, this time to two additional U.S.-based Facebook rithm for the Rappler page, causing traffic to plummet? What if
managers. “Please take a closer look at the Philippines,” she it selectively removed monetization features critical to the site’s
wrote. “While you’ve taken action in Europe, the danger is success? “There’s absolutely no way we can tell what they’re
far worse for us, and Facebook is the platform they use to doing, and they certainly do not like being criticized,” she says.
intimidate, harass, and attack. It is dangerous. I fear where But after more than a year of polite dialogue with Facebook, she
this may lead. Best, Maria.” In yet another email, she sug- grew impatient and frustrated.
gested the company consider changing its algorithm to take In a trip to Washington in early November, she met with
several lawmakers, telling them that she believes Facebook is

onsored hate”
being used by autocrats and repressive regimes to manipulate
59
public opinion and that the platform has become a tool for online
hooliganism. She did the same in a speech at a dinner hosted
by the National Democratic Institute, where Rappler was pre-
into account the difference between credible news, harass- sented with an award for “being on the front lines of fighting the
ment, and government propaganda. global challenge of disinformation and false news.”
In a response to questions from Bloomberg Businessweek, Mia As she accepted her award, Ressa recalled that she started
Garlick, Facebook’s director of Asia-Pacific safety programs, said, as a journalist in the Philippines in 1986, the year of the People
“We are committed to helping ensure that journalists around Power Revolution, an uprising that ultimately led to the depar-
the world feel safe on Facebook as they connect their audiences ture of Ferdinand Marcos and the move from authoritarian rule
with meaningful stories. We permit open and critical discussion to democracy. Now she’s worried that the pendulum is swinging
of people who are featured in the news or have a large public back and that Facebook is hastening the trend. “They haven’t
audience based on their profession or chosen activities, but will done anything to deal with the fundamental problem, which
remove any threats or hate speech directed at journalists, even is they’re allowing lies to be treated the same way as truth and
those who are public figures, when reported to us.” spreading it,” she says. “Either they’re negligent or they’re com-
The pressure on Ressa increased in May after Rappler pub- plicit in state-sponsored hate.”
lished a transcript of a call between Duterte and U.S. President In November, Facebook announced a new partnership with
Donald Trump, in which Duterte called the leader of North the Duterte government. As part of its efforts to lay undersea
Korea a “madman.” Nieto, the government consultant, posted cables around the world, Facebook agreed to team up with
a video on Facebook calling Ressa a “traitor” who had made the government to work on completing a stretch bypassing the
the Philippines a target of North Korea. The video got 83,000 notoriously challenging Luzon Strait, where submarine cables
views and drew comments like “Declare Rappler & Maria Ressa in the past have been damaged by typhoons and earthquakes.
as enemies of the Filipinos” and “#ArrestMariaRessa.” In July, in Facebook will fund the underwater links to the Philippines
his annual state of the nation address, Duterte stood at a podium and provide a set amount of bandwidth to the government.
before the Philippine Congress and for nearly two hours ham- The government will build cable landing stations and other
mered against illegal drugs, corruption, and pollution. Then he necessary infrastructure.
began a tirade against news organizations, saying that by law That’s the sort of big project Facebook embraces. It’s also
they’re supposed to be entirely owned by Filipinos. That’s when testing a solar-powered drone that will beam the internet to
he singled out Ressa’s company: “Rappler, try to pierce the iden- sub-Saharan Africa and has a team of engineers working on
tity, and you will end up with American ownership,” he said. a brain implant to allow users to type with their minds. To
In August the Philippines Securities and Exchange Ressa, Facebook looks like a company that will take on any-
Commission established a special panel to investigate Rappler. thing, except protecting people like her.  —With Sarah Frier
In the complaint, a copy of which was obtained by Bloomberg and Michael Riley
Bloomberg Businessweek

BY
ZEKE FAUX

l
60

iV i
H A S S L E D O V E R A L O A N T H AT D I D N ’ T E X I S T, O N E M A N D E C I D E D T O G E T
December 11, 2017

nate
61

P AY B A C K— A N D D I S C O V E R E D A C O N S P I R A C Y T H A T A F F E C T S M I L L I O N S
Bloomberg Businessweek December 11, 2017

O
n the morning a debt collector threatened to call center in India was busted for making 8 million calls in
rape his wife, Andrew Therrien was working eight months to collect made-up bills. The Federal Trade
from home, in a house with green shutters on Commission has since broken up at least 13 similar scams. In
a cul-de-sac in a small Rhode Island town. Tall most cases, regulators weren’t able to identify the original
and stocky, with a buzz cut and a square, friendly perpetrators because the data files had been sold and repack-
face, Therrien was a salesman for a promotions aged so many times. Victims have essentially no recourse to
company. He’d always had an easy rapport do anything but take the abuse.
with people over the phone, and on that day, Most victims, that is. When the scammers started to hound
in February 2015, he was calling food vendors Therrien, he hounded them right back. Obsessed with payback,
to talk about grocery store giveaways. he spent hundreds of hours investigating the dirty side of debt.
Therrien was interrupted midpitch by a call By day he was still promoting ice cream brands and hiring models
from his wife. She’d gotten a voicemail from an authoritative- for liquor store tastings. But in his spare time, he was living out
sounding man saying Therrien was in some kind of trouble. “I a revenge fantasy. He befriended loan sharks and blackmailed
need to verify an address to present you with your formal claim,” crooked collectors, getting them to divulge their suppliers, and
the man had said. “Andrew Therrien, you are officially notified.” then their suppliers above them. In method, Therrien was like
A few minutes later, Therrien’s phone buzzed. It was the a prosecutor flipping gangster underlings to get to lieutenants
same guy. He gave his name as Charles Cartwright and said and then the boss. In spirit, he was a bit like Liam Neeson’s vigi-
Therrien owed $700 on a payday loan. But Therrien knew lante character in the movie Taken—using unflagging aggression
he didn’t owe anyone anything. Suspecting a scam, he told to obtain scraps of information and reverse-engineer a criminal
Cartwright just what he thought of his scare tactics. syndicate. Therrien didn’t punch anyone in the head, of course.
Cartwright hung up, then called back, mad. He said he He was simply unstoppable over the phone.
wanted to meet face-to-face to teach Therrien a lesson.
“Come on by, asshole,” Therrien says he replied. WHEN THERRIEN DIALED the number Cartwright had left, a woman
“I will,” Cartwright said, “and I hope your wife is at home.” answered and said she worked for Lakefront Processing Solutions
That’s when he made the rape threat. in Buffalo. She’d never heard of Charles Cartwright, though, and
Therrien got so angry he couldn’t think clearly. He wasn’t implied he must be some kind of freelancer or bounty hunter.
going to just let someone menace and disrespect his wife like Regardless, she said, Therrien could clear everything up by
that. He had to know who this Cartwright guy was, and his making a payment. Her records indicated that he owed a payday
62
employer, too. Therrien wanted to make them pay. lender called Vista.
At the same time, he worried that the call might not be Therrien had indeed once taken out a loan, but he didn’t
a swindle. What if some misinformed loan shark really was think it was from Vista. He’d been selling copiers at the time, and
coming for them? But Therrien didn’t have any real informa- when his boss stiffed him on a $20,000 commission, he turned
tion he could take to the police. to an online lender to make a car payment. Therrien says he
Then he remembered Cartwright had left a number with paid back the debt promptly. He was offended by the Lakefront
his wife. woman’s suggestion that he was a deadbeat. “I’m a person who
He dialed. believes in personal friggin’ responsibility,” Therrien says. “I
Somewhere—at the top of a ladder of dirty debt collectors that signed an agreement. And I fulfilled my obligation.”
Therrien would spend the next two years relentlessly climbing—a On his laptop, Therrien started digging. He found a securi-
man named Joel Tucker had no idea what was coming. ties filing saying Vista had merged with a company called That
Marketing Solution Inc. After paying a few dollars to an online
EARLIER THIS YEAR, I met Therrien, 33, at a Panera Bread restau- people-search service, he got its president on the line. “You sold
rant in central Providence. He had reluctantly agreed to be my personal information to a bunch of thugs,” Therrien recalls
interviewed, on the condition that I not reveal his hometown telling the man. “I want to know why, and I want to know what
or his wife’s name. you’re going to do about it.” Within hours, the company provided
Therrien had been caught up in a fraud known as phantom a letter saying that Therrien had never borrowed from Vista.
debt, where millions of Americans are hassled to pay back Armed with proof the debt was invalid, Therrien turned back
money they don’t owe. The concept is centuries old: Inmates to Lakefront. More searches yielded a corporate parent, owned
of a New York debtors’ prison joked about it as early as 1800, in by two Buffalo men. Therrien called them, then their lawyer.
a newspaper they published called Forlorn Hope. But system- When the lawyer stalled, Therrien bombarded him with more
atic schemes to collect on fake debts started only about five calls, at home and on his cell—enough to put Lakefront off him
years ago. It begins when someone scoops up troves of personal for good. (The parties eventually reached a confidential settle-
information that are available cheaply online—old loan appli- ment, and Lakefront—whose name I found in a public record—
cations, long-expired obligations, data from hacked accounts— declined to comment.)
and reformats it to look like a list of debts. Then they make By the morning after Cartwright’s call, Therrien’s fears of a
deals with unscrupulous collectors who will demand repayment psycho collector had been assuaged—no one had showed up at
of the fictitious bills. Their targets are often poor and likely to his house. But swatting down Lakefront turned out to be just
already be getting confusing calls about other loans. The harass- the first round in a game of whack-a-mole. More collection agen-
ment usually doesn’t work, but some marks are convinced that cies contacted him, his wife, his brother, even his grandparents.
because the collectors know so much, the debt must be real. The calls made it clear to Therrien that an overarching force
The problem is as simple as it is intractable. In 2012 a was at play. His name had to be getting on these lists somehow.
Bloomberg Businessweek December 11, 2017

Each night, after his wife went to sleep, he cracked open his more to protect his brother. (Therrien’s father is dead, and his
laptop to comb lawsuits, unearth filings, and uproot the owners mother denies she did anything wrong.)
of the agencies calling him. When he got names, he’d phone In college, Therrien worked at a J.Crew store, where a cus-
them, often surprising them at home, and make clear that he tomer spotted his talent for sales and offered him a job. Therrien
wouldn’t go away until they’d revealed who supplied their debt makes a good living now, and he takes pride in being a more
portfolios. “Here’s the deal,” he’d say. “I don’t really care about responsible person than his parents—paying his bills on time,
you. There’s a million guys like you out there. You’ll never get going to church on Sunday, and taking care of those close to him.
your money back. You might as well get blood out of it. Tell me “If it’s just about me, I don’t particularly give a f---,” he tells me,
what I need to know to put these guys in jail.” with an incongruous laugh. “You call my wife, and you call my
Sometimes, Therrien would make a small payment on the grandparents? You just opened up a door that got really f---ing
fake debt, then check bank records to see where it went. He ugly, and now I’m going to make sure that I just ruin your life.”
found people with convictions for counterfeiting, stock fraud,
drug dealing, and child molestation. He started a spreadsheet, AS MORE COLLECTORS yielded to Therrien’s persistence and
Scums.xlsx, to keep track. On weekends he’d harangue them talked, he dropped his pursuit of Charles Cartwright, concluding
from his couch while watching New England Patriots games. that it was an untraceable alias, and focused on understanding
He used persuasion techniques he’d learned selling copiers, their business. Phantom debt, he learned, is blended with real
some drawn from a book called Getting Into Your Customer’s debt in ways that are almost impossible to untangle.
Head. On the phone, Therrien is a savant. He has an instinct for Americans are currently late on more than $600 billion in
when to be a friend—one gruff payday lender tells me, sheep- bills, according to Federal Reserve research, and almost one
ishly, that he simply doesn’t know why he speaks with Therrien person in 10 has a debt in collectors’ hands. The agencies
so frequently—and when to be a bully. recoup what they can and sell the rest down-market, so that
Therrien would threaten to report the collectors to regula- iffier and iffier debt is bought by shadier and shadier individu-
tors unless they helped him figure out what was going on. “You als. Deception is common. Scammers often sell the same port-
are either with me in this, or you are against me,” he wrote to folios of debt, called “paper,” to several collection agencies at
one man. Others he tried to shame. “If my intentions are right, once, so a legitimate IOU gains illegitimate clones. Some inflate
I’ll have God on my side,” Therrien emailed one source. “You balances, a practice known as “overbiffing.” Others create “redo”
may not love poor people, but He does.” lists—people who’ve settled their debt, but will be harassed again
The targets were shocked by Therrien’s doggedness. In anyway. These rosters are actually more valuable, because the
63
their world, complaints are common, but most victims give up targets have proved willing to part with money over the phone.
after being promised they won’t be called again. One shady- And then there are those who invent debts out of whole cloth.
debt player tells me he suspected Therrien was an undercover Portfolios are combined and doctored until they contain thou-
federal investigator because he’d gathered so much informa- sands of entries. One collector told Therrien that he’d paid cash
tion on his business. “It’s an obsession, it’s unbelievable, an at a diner for a thumb drive with a database containing Therrien’s
outright vigilante crusade,” another says. “It doesn’t seem to name. Some collectors told him they thought the files were par-
equal the harm that was done to him.” tially legitimate; others knew their paper was completely falsi-
Therrien knew his fixation seemed odd. He didn’t tell his fied. Yet they continued to trade it, referring to the people they
friends and family much about his nighttime activity. But the pursued as deadbeats and losers. The more Therrien learned,
collectors’ threats brought back feelings of rage and fear that the more disgusted he grew with everyone involved.
he’d struggled to suppress since childhood. He grew up in His search for the ur-source rarely traveled in a straight line.
working-class Connecticut, where his father was a factory man For a time, Therrien focused on Buffalo, one of the poorest cities
and his mother had a series of part-time jobs. Therrien says they in the U.S. and a hub for the collections industry—home to agen-
mistreated him and his brother, and he moved out at 16 after cies that work the oldest, cheapest paper. Debt collector is a
an incident he won’t discuss. He told me he regrets not doing more common job there than bartender or construction

of it”
“YOU’LL NEVER GET

out
YOUR MONEY BACK.

od
YOU MIGHT AS WELL GET

blo
Bloomberg Businessweek December 11, 2017

worker, according to the Bureau of Labor Statistics. As


“WHO ARE YOU?”

too
Therrien wore down as many Buffalo collectors as he could,
one name kept surfacing: Joel Tucker, a former payday-loan
mogul from Kansas City, Mo. By the summer of 2015, Therrien
was convinced he’d found his guy.
“A P E R S O N T H AT
THERRIEN NEEDED AN ALLY inside the Kansas City racket. He
YOU F---ED WITH
found one in Frampton “Ted” Rowland III, a middle-aged insur-
ance-broker-turned-predatory-lender whose company was listed
as the original creditor for one of Therrien’s supposed loans.
When Therrien called, Rowland said he was sorry—and kept
talking. His life was falling apart. He’d been sued by the FTC over
his lending practices, he’d lost all his money, and his wife was
leaving him. Therrien sympathized. He sensed Rowland was a
good man who’d made a bad choice out of a desire to provide racketeering, and prosecutors called his tribal arrangement a
for his family. They started to speak regularly, and Rowland told sham. (He declined to comment.)
Therrien he blamed Tucker for everything. By the time Therrien came looking for Joel Tucker in the
Tucker had created the local industry with his two brothers. fall of 2015, he’d become a hard man to find. Twice divorced,
Scott, the oldest, was the brains. He’d served time in prison for he was moving from place to place, ducking his creditors. A
a scam in which he’d pretended to work for JPMorgan Chase booking photo from the time when he was briefly imprisoned
& Co. The middle son, Blaine, was popular and a talented for failing to show up for court in an unrelated lawsuit shows
musician. Joel, tall and handsome, was a natural salesman. him with bristly gray hair and dark circles under deep-set
But when he was 21, he was selling furniture and working at blue eyes. Therrien couldn’t find a working phone number
a mini-mart, so hard up that he got arrested for bouncing a for him—not even when he reached his 81-year-old mother,
$12 check. (The case was dismissed.) Norma. She claimed not to know where he was.
In the mid-1990s, Scott opened a payday-loan store and Therrien’s tactics grew more intense, mirroring those of the
gave his brothers jobs. Lending money to people who don’t debt collectors he loathed. As he had in Buffalo, he developed
have any is surprisingly profitable. In states where such a network of sources in Kansas City, figuring out who hated
64
stores are legal, such as Missouri, they’re more common whom and playing them off each other. He got a burner app
than McDonald’s franchises. But in the 15 states where such that provided disposable numbers for his smartphone, with
stores are against the law, there are millions of desperate any area code he wanted. He called wives, widows, business
people willing to pay for fast cash and no one to give it to partners, even a waitress who’d once worked at a restaurant
them. Scott pioneered what he thought was a clever legal loop- the Tuckers owned. He’d have his sources drive by places
hole that would give him access to that market: He created where he thought Tucker might be living, to look for his car.
websites that were owned on paper by an American Indian He told one broker’s mother-in-law that she should investi-
tribe, which could claim sovereign immunity from regulators. gate who her daughter was married to. Therrien acknowl-
Those sites charged as much as $150 interest on a two-week, edges that sometimes he went too far.
$500 loan—an annualized interest rate of about 700 percent. By November 2015 he developed a simple theory. Tucker’s
The loophole was ridiculously lucrative. Scott’s operation business had given him access to a huge database of people
generated $2 billion in revenue from 2003 to 2012. He bought who’d applied for loans—including, just maybe, the one
a private jet and spent more than $60 million to start his own Therrien had taken out in his copier-selling days. What if,
professional Ferrari racing team. Around 2005, Joel split to start when Tucker was broke and needed money, he’d taken appli-
a company that would allow anyone to get into online payday cants’ personal information, invented loan balances, and sold
lending—supplying software to process applications and loans the list as a portfolio of delinquent debt?
and offering access to a steady stream of customers. All the Therrien took his hypothesis to the FBI and FTC. His
clients had to bring was money and a willingness to bypass state emails were breathless and confusing, but the authorities
law. Word spread around Kansas City’s country clubs and private were patient, taking his calls and talking to him at length. It
schools that if you wanted to get rich, Joel Tucker was your man. was clear they knew about Tucker, but Therrien got frustrated
With Tucker’s help, one property management executive by what he saw as inaction. “There are millions of people out
and his son, a general contractor, started a lender that saw there being threatened daily by these actions and I’m doing
$161 million in revenue over eight years. An investor presenta- my part to try and stop it,” he wrote to an FTC investigator in
tion from that period shows that Tucker was personally clear- early 2016, begging him to hold Tucker accountable.
ing tens of millions of dollars in profit per year.
One of his clients was Rowland, until the gravy train crashed JANUARY 2016 SAW a breakthrough: A former employee of
in 2013. Under pressure from regulators, banks stopped doing Tucker’s agreed to arrange a call between him and Therrien
business with the sketchiest payday lenders, making it hard for to clear the air. Therrien couldn’t believe his unseen antago-
them to issue loans and collect payments. In 2014 federal author- nist was willing to talk. So anxious he couldn’t sit down, he
ities raided Rowland’s office, and the FBI began investigating set up a recording device in his home office, put his phone
the Tucker brothers. Blaine committed suicide by jumping off on speaker, and called.
a parking garage in 2014; Scott was charged two years later with Tucker seemed hyper and defensive, telling Therrien that if
mes”
Bloomberg Businessweek December 11, 2017

man ti
a collection agency, to whose conscience he’d spent weeks
appealing. The email, whose subject line read “Have faith in
the good in heart,” included actual phantom-debt files, with
names and Social Security numbers. The metadata yielded
a new name: Rob Harsh, Tucker’s IT guy. (The author of the
email died of a drug overdose a few months later.)
In May 2016, Therrien emailed his discoveries to the FTC.
A lawyer replied right away: “Andrew, we need to talk about
this.” Therrien also gave his intel to some private lawyers who
were going after Tucker in Texas. They contacted Harsh, and
in August 2016 he submitted an affidavit to the court. Harsh,
who declined to comment for this story, testified that Tucker
had asked him to manipulate a database of almost 8 million
payday-loan applications, writing in a made-up lender and
any of the portfolios he’d sold now contained phantom debt, adding an amount owed of $300 for each person.
they must have been doctored after leaving his hands. “F---ing Therrien had been right all along.
shame on them,” he said. “Wasn’t me. It had to have been them.”
Therrien was trying to hold back his anger, but his voice VINDICATION DIDN’T MAKE Therrien happy, not even when the
wavered. He wanted to impress Tucker, mentioning tidbits FTC suit against Rowland’s company took a karmic swerve
he knew about his business. Tucker didn’t understand why that drew in Tucker, directing him to return $30 million he’d
Therrien, this guy he’d never met, was so extravagantly invested. received in ill-gotten profits from the business. Tucker told the
“I’ll tell you why I care,” Therrien said calmly. “I’ll tell you court he was broke.
why I care. I believe, and I’m just telling you what I believe, Meanwhile, Rowland was spiraling. He confided in Therrien
you sold my personal information 21 separate times. I’ve gotten that he was considering suicide, and one day that summer he
close to 100 f---ing calls, and because I’ve gotten those 100 calls called Therrien to say goodbye. “Don’t do anything stupid,”
from scumbag collectors that you facilitated, I’m going to make Therrien texted him afterward. “I may be callous with you lately
sure that that kind of shit ends now.” but I still care and don’t want anything bad to happen.” Therrien
Tucker was incredulous: “You think this is my fault?” told me he’d informed the police of Rowland’s plan and that they
65
“You got desperate because you spent two dollars for every had intervened. But that October, Rowland shot himself. His
dollar you had,” Therrien said. death added to Therrien’s outrage at Tucker and other predatory
“What are you talking about? Are you trying to micromanage lenders like him who hadn’t faced any real legal consequences.
my life? You don’t know jack shit about me.” Finally, in December 2016, the FTC sued Tucker for selling
“I know what happened. You f---ing stole money from phantom debt. According to the regulator, everything had hap-
people,” Therrien said. “I’m giving you the opportunity to pened pretty much as Therrien imagined: Tucker had invented
come clean.” more than 7.7 million fake debts and sold them to a series of
“I don’t know who you are, Andrew,” Tucker said. “Who middlemen for $4.2 million. This September, a judge ruled for
are you?” the agency, ordering Tucker to pay back that money on top of
“A person that you f---ed with too many times.” the $30 million he already owed.
When Therrien played the tape for me, I was amazed at how The FTC has never credited Therrien, and Michael Tankersley,
fluently he channeled emotion—his own and Tucker’s—to get an agency lawyer, declined to discuss their interactions. But
what he wanted. Incredibly, by the end of the half-hour call, Tankersley told me that Harsh and the California broker were two
Tucker was offering to help Therrien collect evidence about key sources of information establishing Tucker’s wrongdoing.
crimes committed by other people in the payday-loan busi- Therrien, as usual, was unsatisfied. He was still getting calls
ness. “We need to get this stuff resolved,” Tucker said on the from collectors, for one thing. And he felt that if he’d done
tape, with a sigh. “’Cause this—it’s not healthy for anybody.” a better job investigating, Tucker would be facing criminal
The two men started talking and texting a few times a week. charges—not a civil fine he’d never end up paying. Therrien
“I think he has a mental illness that allows him to think he did has stayed in touch with the FBI’s Kansas City office. An FBI
nothing wrong,” Therrien told me. (Tucker didn’t respond to spokeswoman declines to say whether Tucker is being investi-
most of my emailed questions and kept putting off interview gated, but three of his associates told me that agents had con-
requests. “Lies are not stories,” he wrote in one email. He said tacted them about his debt sales.
that any debt he’d sold was legitimate.) After the ruling against Tucker, Therrien heard from him for
Tucker’s denials made Therrien hate him more, but Therrien the first time in months, and they started talking again. Amid
masked his feelings to keep the conversation going. The one- their conversations, which were recorded, Tucker’s brother,
year anniversary of his quest was approaching, and he wanted Scott, was convicted on all 14 charges he faced. Without directly
real evidence of wrongdoing—something Tucker couldn’t deny asking Therrien to drop his vendetta, Tucker seemed to be plead-
and officials couldn’t ignore. ing for mercy. “I’ve f---ing had enough harm done,” he said. “I’ve
Therrien soon obtained two crucial sets of documents to lost a brother. Got a brother going to prison. Put it this way,
that end. In March 2016 he flew to California to meet a debt Andrew. I’m tired, buddy. I’m f---ing tired.”
broker, who handed over some contracts Tucker had signed. “I’m tired too,” Therrien replied, “because I’m still getting
Separately, Therrien received an email from the manager of harassed by these motherf---ers.” 
Bloomberg Businessweek
December 11, 2017

YOU’D FIGURE
happens to charge $1,000-plus an hour. they’ll outlast the current wave of moral
THE SUPERSTAR That reputation is now being outrage—and even imagine themselves on
LAWYER WOULD reappraised. Since October dozens
of women have alleged that Harvey
the right side of history. “I’m old enough
to remember when nobody ever wanted
BE PANICKED, Weinstein—Boies’s longtime client,
business associate, and friend—sexually
to defend anybody who was accused
of being a communist, whether they
GIVEN HIS TIES assaulted or harassed them over the were a communist or not,” Boies says.
course of decades. (Weinstein, who’s “Today, it’s really dangerous to defend
TO TWO OF THE being investigated for sexual assault anyone who is accused of being a ter-
in New York and London, has denied rorist, again, whether they are or not. I
BIGGEST NAMES accusations of nonconsensual sex.) In think that the issue of sexual assault and
November the New Yorker reported sexual harassment falls into that category
IN THE SEXUAL that, prior to the Weinstein news, Boies a little bit today. That is not necessarily
signed a contract with a secretive enter- a bad thing.”
HARASSMENT prise run by former Israeli intelligence
CRISIS, HARVEY officers to protect Weinstein by trying to
stop a New York Times investigation into
Boies’s relationship with Weinstein
began over lunch in Manhattan in 2001,
WEINSTEIN AND his history with women. The newspa-
per—also a Boies client—called his behav-
a few years after he’d ditched his perch
at Wall Street heavyweight Cravath,
CHARLIE ROSE. ior a betrayal of trust and fired his firm, Swaine & Moore LLP to start his own
Boies Schiller Flexner LLP. The internet firm. The movie mogul thought Boies’s
YOU’D BE WRONG exploded with disgust. “From hero to rise from teen slacker and card shark
into omnipotent litigator and fervent

BOIES CLUB
craps player would make a great memoir
for Miramax Books, Weinstein’s publish-
ing imprint. Boies agreed, and while
working on Courting Justice, he began
representing Weinstein and his brother,
67
Bob. In 2005, Boies navigated their exit

David Boies knows what you’re think-


ing. In the closing weeks of 2017, with
BY FELIX GILLETTE,
nonstop investigations showing how
powerful men got away with mistreat-
MAX ABELSON, CASEY SULLIVAN,
ing women around them for so long, it AND REBECCA GREENFIELD
looks like the fixers, agents, gossip col-
umnists, and attorneys who enabled their
behavior will be next in line to fall. PHOTO ILLUSTRATION BY ERIK CARTER
But Boies, one of the world’s most
powerful attorneys, whose own role has zero,” wrote Cyd Zeigler, a sportswriter from Walt Disney Co., then provided
come under fire, is projecting calm and and gay advocate. Rose McGowan, an counsel after they formed Weinstein Co.
confidence. He and his firm, he says in a actor whose allegations helped trigger Weinstein and Boies were seen
phone interview, will be fine. “I do think Weinstein’s downfall, tweeted that Boies together on Manhattan’s fundraising
that many clients’ perspectives are dif- was a “scumbag.” circuit. They co-hosted a private screen-
ferent and more sophisticated than the For decades, Boies has been clean- ing of Michael Moore’s Fahrenheit 9/11 at
public narratives,” he says. “They under- ing up his wealthy clientele’s messes. the Ziegfeld Theater. Boies and Weinstein
stand what lawyers do.” More quietly, he’s been cleaning up his couldn’t be a more incongruous pair: The
Boies’s legend as a brilliant court- own. Interviews with more than a dozen lawyer is lanky and cerebral, the pro-
room tactician and champion of demo- people who’ve worked with him show ducer paunchy and volcanic. Boies, born
PHOTOS: BOIES: JEFF BROWN. WEINSTEIN: GETTY IMAGES

cratic ideals, which he details in his 2004 that this isn’t the first time his loyalty to in Sycamore, Ill., looks like a disheveled
memoir, Courting Justice, has grown in a friend or client has tested the bounds professor. Weinstein, from Queens, N.Y.,
step with his big-ticket cases. During the of propriety and called his judgment into comes across as a bull shark.
government’s antitrust battle against question. “I probably do tend to stay with In 2012, Boies started a movie
Microsoft Corp. in the 1990s, Boies friends and clients more than some other company. It was an unusual move for
tangled with Bill Gates. After the con- people would,” he says. “Sometimes that a power lawyer, but his daughter, Mary
tested 2000 presidential vote, he fought can subject me to criticism.” Regency, was interested in acting and
for Al Gore—and then teamed up with Boies survived those episodes with filmmaking; she landed one of her first
George W. Bush’s former attorney to push his aura intact. Inside the firm’s offices, major acting credits in Weinstein Co.’s
for gay marriage equality. His admirers he and his lieutenants expect nothing Silver Linings Playbook that year. Boies
have seen Boies as a folk hero who just different this time around. They’re sure partner Jonathan Schiller’s son Zack was
Bloomberg Businessweek December 11, 2017

also building up a résumé in entertain- Habie acquired in Palm Beach. The rela-
ment, and Boies partnered with him to tionship puzzled the firm’s lawyers.
run the Boies/Schiller Film Group. They “We represent plenty of people pro
took a shot on a Western called Jane Got a bono—in discrimination cases and death
Gun. Boies was executive producing, and penalty cases, for example—but wives
his daughter produced. The Weinsteins of Guatemalan tycoons are not exactly
acquired the U.S. rights with Relativity what we have in mind,” Samuel Butler,
Media LLC, but things weren’t going well: Cravath’s presiding partner, told the Wall
The director walked away on the first day Street Journal in 1997. (Butler hung up the
of production, Jude Law dropped out, phone when reached for comment.)
Relativity filed for bankruptcy, and the After Boies started his own firm, Habie
movie went on hiatus. became chief financial officer. A fight
Weinstein Co. was facing a crisis of its between her lawn-care company and
own. In 2015, Ambra Battilana Gutierrez, its previous owner had more plot twists
an Italian model, told police in New and florid characters than a John Grisham
York that Weinstein fondled her during thriller. Before it was over, a judge fined
a work meeting. No charges were filed. Habie for violating court orders and gave
However, the police investigation and her 90 days in county jail. The sanc-
media coverage came at a tricky moment tions were suspended. She remains at
for Weinstein. That same year, his con- Boies Schiller Flexner and says the firm
tract as co-chairman was up for renewal. approved work done on her behalf.
Two board members, Lance Maerov and One of the names that came up in that
Tarak Ben Ammar, wanted to look more case was William Duker, who worked
FROM TOP: BOIES DURING THE
closely into Weinstein’s behavior. under Boies at Cravath before start-
MICROSOFT TRIAL, 1998; BOIES, HIS WIFE,
There was no reckoning—Boies won MARY, AND WEINSTEIN, 2011 ing his own firm around 1986. A decade
Weinstein his extension. He was fired later, he admitted to inflating legal bills
only after the October exposé by the dropped Weinstein earlier. “Lawyers are by $1.4 million. After leaving prison, he
Times, at which point Maerov publicly duty bound to believe people like Harvey became an entrepreneur and played a role
68
blamed Boies for the company’s failure Weinstein, but at some point common in the sale of Habie’s company. “David
to deal with Weinstein’s alleged abusive- sense does tip the scale,” she said. If Boies has never shied away from people that
ness. “The lawyers shielded him,” Maerov had dropped Weinstein in 2015, however, he’s known who have had difficult times,”
told the Financial Times. “They shielded he would have lost a major connection to Duker says. “He’s incredibly loyal.” Duker
him from the indignity of being asked Hollywood and an opportunity to make adds: “There are lawyers who represent
questions by the board.” Boies responded millions of dollars. Even though Boies ax murderers out there. It doesn’t make
that the directors were trying to “rewrite won’t comment on Weinstein, he says them an ax murderer. It makes them what
history.” (Maerov declined to comment there’s a part of his personality that enjoys they are—which is a lawyer.”
for this story. Ben Ammar didn’t respond making calculated bets: “Sometimes if One of Duker’s companies was a docu-
to interview requests.) you’re not prepared to risk greatly, you ment management business called Amici
Around the time that Boies was can’t accomplish greatly.” LLC in Albany, N.Y., that served law firms.
trying to extend Weinstein’s contract, For a time, Boies Schiller Flexner had
the producer was working to get Jane Weinstein isn’t the only power player in clients use Amici without disclosing that
Got a Gun into theaters. In January 2016, the Boies orbit who became a client and several of Boies’s family members, as well
Weinstein Co. distributed the movie in friend. Boies appeared on Charlie Rose’s as relatives of his firm’s general counsel,
the U.S. “Bob and Harvey were all very show for the first time in 1999, and the two Nick Gravante Jr., owned indirect stakes
helpful,” Boies told Newsday when it pre- shared an apartment together in Paris, in the company. When Boies Schiller
miered last year. “I think it was partly according to Karen Donovan’s 2005 book Flexner’s ties to Amici were revealed in
due to the fact of my relationship with v. Goliath: The Trials of David Boies. A few court during a client’s bankruptcy case,
them.” The Western flopped, but the years later, when Radar named Rose a it touched off a stir. That client, Adelphia
men stayed in business together. Boies “toxic bachelor,” reporting a woman’s Communications Corp., asked the law
invested $5 million in Gold, a 2016 claim that he groped her, Boies sent a firm to resign as its counsel. Amid the bad
Weinstein Co. adventure flick starring letter demanding a retraction. The mag- press, Boies told the Wall Street Journal
Matthew McConaughey, and another azine declined. Last month, a Washington that he should have disclosed the ties,
$5 million in The Upside, a Nicole Kidman Post investigation revealed Rose’s alleged though Gravante says the episode was
comedy slated for next year. history of sexual harassment. (He declined overblown and that fees were reasonable.
In early November, Boies announced to comment for this story.) The saga ended well for Amici. In 2006,
in a memo to colleagues that he no longer At Cravath, Boies represented pro Xerox Corp. announced it was acquiring
represented Weinstein. Diane Karpman, bono a Florida woman named Amy Habie, the company for $174 million.
a legal ethics expert in Los Angeles, who was in a vicious custody battle with a
told Bloomberg that Boies could have Guatemalan textile baron. Boies’s family After the Ne w Yorker exposé on
avoided some of the backlash if he’d also had a stake in a landscaping business Weinstein’s clandestine efforts to
Bloomberg Businessweek December 11, 2017

undermine potential accusers, Boies it can feel a little isolating.” Today, lawyers the best litigation firm in this country.”
responded to the cascading criticism. “I at the firm say it has no shortage of female It could also be one of the most scru-
would never knowingly participate in an talent and takes on cases aimed at the tinized. When novelist Emma Cline and
effort to intimidate or silence women,” he public good. In February, Boies filed suit an ex-boyfriend named Chaz Reetz-Laiolo
wrote in the same memo announcing that against Backpage.com, a web platform for sued one another in November, news cov-
he was no longer representing Weinstein. classified ads, which he says profited from erage focused on the work Boies and his
“That is not who I am.” child sex trafficking. (Backpage declined firm have done on the ex’s behalf, includ-
When Avery Gilbert read that state- to comment.) “I talk about him having a ing delving into her sexual history.
ment, she was beside herself. Gilbert had beautiful mind and a beautiful heart,” says Like guard dog Hollywood attor-
been an attorney at Boies Schiller Flexner, Sigrid McCawley, a Boies Schiller Flexner ney Martin Singer or big-time comedy
and before leaving in 2010, she’d believed partner in Fort Lauderdale. “I’ve seen it agent Dave Becky, the former manager
the firm had stifled her complaints to throughout my career.” for Louis C.K., Boies is going to have to
management about a document man- There have been awkward moments, adjust to a harsher spotlight. Even as it
agement vendor called Boalt Discovery though. Every year, Boies takes his troops grows stronger, he seems certain that any
Inc. While working on a multibillion-dollar on a winter retreat. Three attendees recall examination will show his firm’s work
private equity lawsuit, she’d become sus- that around 2005, during a weekend in remains a force for good. “You’ve got to
picious about Boalt. Not only did she think Jamaica’s Montego Bay, lawyers were have a belief that what you do as part of
its work was bad and expensive, she sus- greeted at an evening reception by a the justice system, in terms of represent-
pected that Gravante had a family connec- woman splayed out on a buffet table ing clients, has an overall value to society
tion to the business. She complained and with her body covered in chocolate. that is independent of who the particu-
was later fired. Reading Boies’s assurance Boies’s wife, Mary, a lawyer who works lar client is,” he says.
to colleagues about his character, she was at the firm with one of his two ex-wives,
so infuriated that she emailed him asking wasn’t amused. “Mary right away directed Things were different not so long ago.
to talk. She wanted an apology but didn’t that the woman get off the table,” says Inside the Wynn Las Vegas last year, Boies
get one. (This account is from an interview Gravante, the general counsel, who was throwing a bash for his 75th birth-
with Gilbert’s husband, Zachary Bendiner, blames the hotel. “But it’s hardly indic- day, and his pals were lapping up the law-
who worked at the firm as a parale- ative,” he adds. “It’s Jamaica.” yer’s largesse. Tom Brokaw gave a gushing
toast, according to an attendee; Rose and
69
Theranos Inc. founder Elizabeth Holmes
“THERE ARE LAWYERS WHO REPRESENT mingled, and Weinstein was on the invite
list. Ray Kelly, New York’s former top cop,
AX MURDERERS OUT THERE. rapped a tribute.
As the weekend wound down, Duker,
IT DOESN’T MAKE THEM AN AX the disbarred lawyer, spoke. In his toast to
Boies, he said: “He is able to read minds.
MURDERER. IT MAKES THEM WHAT THEY He knows what judges and juries, clients
and adversaries, journalists and waiters
ARE—WHICH IS A LAWYER” are thinking. That’s why he is the best
LEFT FROM TOP: JUSTIN LANE/GETTY IMAGES; LARRY BUSACCA/GETTY IMAGES; J. SCOTT APPLEWHITE/AP PHOTO

lawyer in the world.”


On Dec. 6, the morning after the New
gal; he says she signed a nondisclosure This year the retreat will be on a York Times reported that Boies worked
agreement and he didn’t.) Boies Schiller barrier island in Florida. Gravante is confi- on a settlement with former Weinstein
Flexner colleagues say neither Gravante dent about the firm’s prospects and mildly Co. employee Lauren O’Connor after
nor his family had an interest in Boalt and annoyed that anyone would suggest she wrote a 2015 memo accusing the pro-
that Gilbert was let go for other reasons, trouble ahead. He puts the chances of a ducer of sexual harassment, Duker sent
which the firm declines to discuss. major client leaving the firm or refusing Bloomberg Businessweek a poem. It goes
In 2002, Rachel Baird, a former Boies it business because of the Weinstein alle- like this:
Schiller Flexner attorney, along with a col- gations at “zero percent.”
league, sued the firm for gender discrim- Jonathan Hughes, an adviser to Relics of a time that had been left behind
ination. In one incident, Baird describes DraftKings Inc., says the Weinstein alle- Unearthed by scavengers hoping to find
Boies telling her, the only female attor- gations won’t stop the fantasy sports Fortune and fame that they were
ney in the room, to go downstairs and pay site from working with Boies Schiller deprived
for his cab. At the time, the firm said the Flexner. Even if “the firm and David are No matter how often they had connived
claims were without merit; eventually, the suffering a little bit,” he says, “there’s There was nothing new for them to report
women settled for $37,500 each. a breadth and a depth to the firm So they mixed all the relics as if old bones
Marguerite Hogan, an associate who that is fabulous.” Gravante also won’t could contort
left the same year as Gilbert, says: “There suffer questions about Boies resigning. They dressed up the corpse in the lasted
weren’t a lot of women for me to look up “Stepping down? No. Why? No. Why fashion
to. When you’re in that situation and there would he step down?” he says. “People And added their own self-righteous
is nobody else around you that’s like you, recognize that we are still, in my view, passion 
The Good Stuff P
Butter is better than ever, and in France there’s a U
R
run on the stuff. Still, are we really ready to pay $50 a pound?
By Emily Saladino Photographs by Mitchell Feinberg

S
U
I
T
S

74
A Cape Town
art safari

76
A worldly trend
in watches

78
Ending the Aeron’s
office dominance

79
Elan Ripstick 96 skis

80
The master of the
Minions

Bloomberg
Businessweek

December 11, 2017

Animal Farm butter, Edited by


made in Orwell, Vt. Chris Rovzar
FOOD Bloomberg Pursuits December 11, 2017

I
n October, news of a French butter shortage shook
the food world to its croissant-shaped core. Prices 1 2
tripled in France as consumers nervously hoarded
caches. In some areas, as much as 46 percent of
demand went unmet, according to Nielsen Holding Plc.
Considering how basic the ingredients are—butter
is nothing more than milk cream churned into semi-
solid, spreadable fat—the shortage seemed implausi-
ble. But various economic forces around the world
converged to shrink supplies: In 2015 the European
Union ceased milk quotas, leading to a brief glut
of dairy products that ended up with farmers on
the Continent decreasing output by 3 percent. The
U.S., meanwhile, had to reduce its exports to meet
domestic demand. And a drought in New Zealand,
the world’s top dairy exporter, hurt that country’s
production. By this fall, butter supplies in France
were woefully short, and shelves were stripped of
even the top-quality stuff.
The problem of finding high-grade products is
hardly unique to the French, however. Butter, like
meat and even leafy greens, is an increasingly strat-
ified staple. In the U.S., as consumers have become
more culinarily savvy, the competition among gourmet
retailers has grown intense. Butters of varying quality
are available, with chefs paying as much as $50 a pound
for the crème de la crème. A certain amount of exper-
tise is needed to expend one’s butter budget wisely.
72
The market is divided into two tiers: mass retail
products made with milk from a variety of reputable
dairy farms, and single-origin spreads available almost
exclusively by private order. (In France, many are offi-
cially classified by their region of origin, or “AOP.”)
Butterfat content, or the percentage of pure natural
fat by volume, is the simplest way to measure quality,
particularly in the mass market.
Supermarket standbys such as Horizon Organics
contain 80 percent butterfat, the minimum set
by the U.S. Department of Agriculture. At the top
end of the range, craft labels such as Straus Family
Creamery, a California-based operation supported by
5
Alice Waters, and France’s AOP Echiré make butters 6
with 84 percent to 86 percent butterfat. (They make
it richer by adding less salt during processing and 1. Delitia Butter of Parma 3. Plugra
Adhering to the same guidelines and using This American brand provides an
removing more of the watery whey.) the same milk as Parmigiano-Reggiano accessible entree to traditionally made
In the second camp lie single-origin butter DOP cheese, this Italian spread contains butter. Available nationwide, and starting
producers such as Diane St. Clair, a dairy farmer in 84 percent butterfat, yielding sweet, almost at $10 a pound, Plugra has one especially
grassy notes and a very smooth texture for discerning fan: Famed baker François
Orwell, Vt., who has a cultlike following. St. Clair about $7 a pound. Payard says it produces pastry creams and
ships her Animal Farm butter to James Beard crusts comparable to those of Lescure,
Foundation Award-winning chefs including Boston’s 2. Animal Farm an AOP French label. It’s more milky than
St. Clair’s label is the table butter of choice conventional American supermarket butters,
Barbara Lynch, Patrick O’Connell of the Inn at Little for chefs Keller and Lynch. St. Clair raises a but it arguably lacks the richness and
Washington in Virginia, and Thomas Keller. “Diane small coterie of Jersey cattle on grass and nuanced flavors of a single-origin product.
makes butter from animals born, raised, and cared separates their 87 percent-butterfat cream
by hand. She ferments it for 24 hours in the 4. Double Devon Cream Butter
for on the same location, using techniques that keep cows’ own buttermilk, then churns it into Scone enthusiasts will appreciate this rich,
the ingredients as close to their natural state as possi- a dandelion-yellow spread. Animal Farm is eggshell-hued contender from the south of
ble,” says Keller, who features Animal Farm butter in publicly available for one week a year at $50 England. Lightly salted and churned from the
per pound from Saxelby Cheesemongers. same milk as Devon cream, 8-ounce logs of
bread courses at the French Laundry in Napa Valley Double Devon Cream can be purchased for
and Per Se in Manhattan. “The result is butter with $7.50 from Amazon.com.
terroir—one shaped by the soil, weather, animals, and
plants of her land.”
FOOD Bloomberg Pursuits December 11, 2017

One week a year, Animal Farm is available through


3 4 Saxelby Cheesemongers to connoisseurs who don’t
possess their own Michelin stars. Saxelby has an
agreement with St. Clair to sell her annual excess
product to consumers. Last year, Saxelby’s supply
of Animal Farm butter retailed for $50 a pound; it
sold out in 10 minutes.
How butter is made can help determine how dear it
is. Commercial producers separate cream from milk in
batches of several gallons each, pasteurize the cream,
then machine-churn it into a semisolid spread recog-
nizable to anyone who’s ever eaten a dinner roll. Craft
makers, on the other hand, ferment the milk after
pasteurization, maturing their product for anywhere
from one hour to two weeks.
Liz Thorpe, author of The Book of Cheese and a
former vice president of Murray’s Cheese in New York,
likens the impact of fermentation to that of aging wine
in oak barrels. “Fermented butter has a far more
complex flavor, with warm, hazelnutty notes,” she
says. “It’s like eating a soft ripened cheese on bread
instead of just a schmear of something fatty.”
Knowing the terminology is key: Almost all
European butter is fermented, but American prod-
ucts that have undergone the process are typically
marketed as “cultured butter.”
As with any craft product, you pay for its scarcity.
In addition to the hands-on attention and expertise
73
required by small-batch separation and fermentation,
luxury butter requires milk from expensively bred
cattle. Straus Family Creamery and Echiré source milk
from regional cooperatives that meet special standards.
And while most commercial dairies in the U.S.
breed black-and-white Holstein Friesian cattle, Animal
Farm and a similar U.K. label, Ampersand, raise tawny
Jersey cows. Grass-fed Jerseys process the carotene in
grass differently than their brethren do, resulting in
cream higher in butterfat even before craft process-
ing. Jerseys also produce less milk, raising the cost
of labor by volume.
In addition to its richer taste and creamier
7 8
texture, high-butterfat butter contains less moisture
and thus reacts better to cooking heat. It’s less likely
5. Echiré Beurre de Baratte 7. Delitia Buffalo Milk Butter to separate over high temperatures on the stove-
Made with milk from cows raised within A sister spread to Delitia Butter of Parma, this
32 miles of the dairy in western France, this one uses water buffalo milk akin to the Italian top and imparts a delicate crumb to baked goods.
butter from the AOP cooperative contains region’s mozzarella di bufala. It’s available via Swapping out conventional butter for a luxury label
84 percent butterfat and is hand-churned online retailers for $15 a pound. doesn’t require altering a recipe, but it will abso-
in wooden barrels that date to 1894. It has a
silky, easily spreadable consistency and an 8. Ampersand lutely improve the flavor.
almost yogurtlike tang. Most Echiré products Chef Grant Harrington, who’s worked for As for limited-edition spreads including Animal
remain in France, but Amazon and Zabar’s Gordon Ramsay and at Swedish destination Farm or even a more accessible option such as the
distribute them internationally. Expect to pay restaurant Faviken, matures his cultured
$18 to $20 a pound, plus a hefty delivery fee. Jersey milk for up to two weeks, then adds American-made $5-per-half-pound Plugra, cook
pink Himalayan salt and hand-churns it to (and bake) at your own financial risk. Just as you
6. Straus Family Creamery order for Michelin-starred establishments wouldn’t pour a 1959 Château Lafite Rothschild into
This family-run farm in California began across the U.K. Half-pound wheels can be
making organic, traditionally churned butter preordered at butterculture.bigcartel.com for a pot of beef bourguignon, single-origin butters are
at the behest of Alice Waters in 1992. Also pickup at London’s Maltby Street Market. From best savored in the raw. Spread them on radishes or
favored by Atelier Crenn and Meadowood £4.50 ($6.06) for 200 grams. high-quality bread.
and made with milk from sustainable regional
farms, Straus butters are sold at select “None of the restaurants I sell to cook with my
stores, including Whole Foods Markets in the butter,” says St. Clair, the dairy farmer. “I’m sure
western U.S. It has the sort of full, warm flavor it would be delicious. But it’s sort of a waste of the
a sommelier might describe as “round.” From
$16 a pound. nuance to melt it down and hide it in other things.”
TRAVEL Bloomberg Pursuits December 11, 2017

Go Here Now: Cape Town


The South African city has added top-tier art and avant-garde
design to its alluring list of attractions. By Sarah Khan

No stranger to tourists, Cape Town has


typically staked its reputation on being an
adventure capital more than an arts center.
The city’s natural beauty draws even
the laziest of travelers on hikes up Table
Mountain, to penguin-packed beaches shel-
tered by rocky coves, and across the rolling
hills of 200 nearby vineyards.
But change is afoot in the Mother City.
I was living here in 2014, when it was dubbed
a World Design Capital, and I witnessed the
emergence of a local cultural scene. The
Central Business District and once-gritty
Woodstock area were then morphing into
art hubs brimming with studios and world-
class galleries such as Stevenson, Gallery
74
Momo, and Whatiftheworld. Even outside the
city, vineyards like Leeu Estates, Le Quartier
Français, and Delaire Graff Estate are now
showcasing homegrown artistic talents.
This long-simmering creativity came to a
boil in September when philanthropist and
ex-Puma Chief Executive Officer Jochen Zeitz
opened the 500 million-rand ($36 million)
Zeitz Museum of Contemporary Art Africa
(Mocaa). The German businessman has been
a passionate collector of art from the African
continent and diaspora for a decade, pains-
takingly amassing a collection—rumored
to include more than 1,000 works—that

PHOTOGRAPHS COURTESY IWAN BAAN/ZEITZ MOCAA; THE ROYAL PORTFOLIO; LEEU ESTATES
ranges from Zimbabwean political com-
mentary and African American pop art to
Tunisian photography.
Previously, the only way to see part of his
collection was to pay upwards of $1,800 per
night to sleep among a handful of special
pieces at his Segera Retreat safari camp in
Kenya. The 100,000-square-foot museum
does more than bring the collection to the
masses; it gives the city its own version
of London’s Tate or New York’s Whitney
Museum and cements Cape Town as a bona
fide global art capital. On a continent loaded
with imagination and talent, the vanguard
is right here.
The building itself is a marvel. Thomas
Heatherwick—the British architect behind
The Zeitz Museum of Contemporary Art Africa Google’s headquarters in Mountain View,
TRAVEL Bloomberg Pursuits December 11, 2017

WALK THIS BLOCK:


BREE STREET
At the heart of Cape Town’s revitalized
Central Business District, Bree Street has
become a magnet for stylish shoppers—
in addition to its long-standing coterie of
culinary pilgrims.

Missibaba
A stern, charcoal-colored facade belies
what you’ll find inside: leather handbags
in a kaleidoscope of hues and shapes.
229 Bree St.; missibaba.com

Convoy
This boutique brings several local labels
under one petite roof, with leather
brogues from Aya Goods, laser-cut
dresses by Isabel de Villiers, and
Black Betty’s citrine and quartz rings.
233 Bree St.; facebook.com/convoyshop

Häzz
The first city outpost of this award-
winning Stellenbosch coffee roaster, it’s
one of Cape Town’s best pick-me-ups.
221 Bree St.; hazz.co.za

Alexandra Höjer Atelier


Find minimalist fashion—long denim
coats and plaid shirtdresses—at
A room at the Silo hotel, with its signature geodesic windows Swedish transplant Höjer’s rock’n’roll-
inspired boutique, set in a former stable.
Calif., and King’s Cross in London—has is Cape Town’s best new place to stay. The Silo 156 Bree St.; alexandrahojer.com
transformed an abandoned 1920s-era grain hotel is anchored by geodesic windows that Robert Sherwood Design
silo into a concrete cathedral to creativity. bulge out of the 28 rooms and look onto Table The interiors maven has spiced
75
Inside is an airy, almost diaphanous atrium Mountain. (Guests are currently being asked to up homes and hotels across South
Africa, Zanzibar, and the UAE; his
that Heatherwick carved out of the facto- avoid soaking in its decadent baths, because eclectic showroom stocks fantasy-
ry’s 42 hulking cylinders. Suspended from of a local water shortage.) Surveying the land- style photography by Athi-Patra
the ceiling is Nicholas Hlobo’s haunting scape from my suite, I thought about how easy Ruga and sculptural clay vessels
by Louise Gelderblom. 173 Bree St.;
Iimpundulu Zonke Ziyandilandela (“All the it would be to assume that this progress all robertsherwooddesign.com
Lightning Birds Are After Me”), a dragon resulted from the Zeitz Mocaa, but the oppo-
made from rubber inner tubing that refer- site is true: The museum is merely a reflection SeaBreeze Fish & Shell
Famished? Skip the seafood on
ences South African Xhosa mythology. of the city’s momentum.  the Waterfront and come here for
A wander through the 80 galleries that Knysna oysters and kingklip with
circle the building’s light-filled atrium will braaied corn salsa. 211-213 Bree St.;
seabreezecapetown.co.za
reveal nebulous cowhide sculptures by
Swaziland-born Nandipha Mntambo, portraits
featuring intricate spectacles fashioned from
trash that Kenyan artist Cyrus Kabiru collects
on the streets of Nairobi, and textured can-
THE DAY TRIP:
vases layered with sari fabrics by Madagascan FRANSCHHOEK
Joël Andrianomearisoa. Less than an hour away from Cape Town
The neighborhood around the museum, is the Winelands hamlet of Franschhoek,
with its gabled Cape Dutch-style
rechristened the Silo precinct, is changing buildings, stuck-in-time churches, and
more than its name. Until recently it was now, one of the world’s best tasting
nothing more than a barren stretch adjacent to rooms. There, you can swirl and sip funky
syrahs and chenin blancs by Andrea
the Victoria & Albert Waterfront—a glossy-but- Mullineaux, named Wine Enthusiast’s
bland shopping plaza that draws more tour- 2016 Winemaker of the Year. Her family’s
ists than the Egyptian pyramids. Now tenants bottles are the focus of the tobacco-
toned studio at Leeu Estates, a year-old,
include edgy accessories designer Kirsten 17-room hotel and spa. (Try the Passant
Goss; Kat van Duinen, who makes extraordi- Stellenbosch chardonnay; it’s popular for
nary ostrich bags and python clutches; and its balanced peach and pear notes.) For
dinner, a new destination restaurant has
Guild, a showcase for South African furniture. cropped up on nearby Huguenot Street:
Meanwhile, the Yard and other restaurants are La Petite Colombe, a spinoff of a similarly
bringing locals to an area they once avoided named fine-dining stalwart in Cape Town,
offers unexpected flavor combinations
the way New Yorkers bypass Times Square. such as linefish with smoked parsnip,
Conveniently perched above the museum Leeu Estates in Franschhoek pancetta, and buckwheat.
STYLE Bloomberg Pursuits December
Month 00
11, 2017

In the Zone
A wave of handsome world time watches is
washing into stores. By Troy Patterson

World time as we know it began in against the ring of hours, you know woman—there are 62 diamonds on the
1884, when the International Meridian what time it is there—while the hours bezel of her timepiece and 27 more on
Conference convened in Washington, and minutes in your own time zone are the buckle of its peacock-blue alliga-
D.C. Leaders there accepted a proposal marked by the standard watch hands. tor strap. Rather, you should imagine
by Sandford Fleming, a Scottish civil Oddly enough, in an era when a Carmen Sandiego buying herself a
engineer who’d helped build Canada’s phone can instantly tell the time any- treat after an especially successful
transcontinental railroads, to slice where you wish, worldtimer watches international heist.
the globe longitudinally into 24 time have become distinctly on-trend. Call The most theatrical of these releases
zones—standardizing the hours to it a symptom of an increasingly global is the Jaeger-LeCoultre Geophysic
comply with the demands of the Second society that yearns for a bit of tradi- Tourbillon Universal Time, which is
Industrial Revolution. tion. “More companies have adopted fitted with a flying tourbillon—a complex,
The first watches with a world time worldtimer watches in some shape or ever-moving gadget that protects the
complication arrived about 50 years form. They’re more available,” observes watch’s timekeeping from the effects of
later, when the Swiss craftsman Louis Ruediger Albers, the U.S. president of gravity. The tourbillon window, poised
Cottier devised a pocket watch for high-end watch retailer Wempe, who at the 4 o’clock position, cuts dramati-
Vacheron Constantin and then a wrist- wears a Patek worldtimer himself. The cally into the dial’s carved oceans and
76
watch for Patek Philippe SA. Each house buyers who come into his Fifth Avenue satin-brushed continents as it rotates
issued a design with a rotating exterior location are often businesspeople who through its 24-hour journey.
ring (or bezel) around the perimeter that are making deals in faraway lands. They Less showy but no less stately, the
listed the names of locations to represent don’t need a mechanical watch, “but Frederique Constant Classic Manufacture
each time zone. Moving the bezel made everything else is plastic,” he says. “It Worldtimer offers a dashing view of the
it simple to compute the hour anywhere doesn’t go with your nice suit.” Earth, with chocolate-brown oceans
in the world. The Earth’s current revolution around lapping at the shores of rose-gold land-
The power of such a watch is plain the sun has spun forth a number of beau- masses. As with the Jaeger-LeCoultre, the
to see on its face, now typically featur- tiful versions from brands that have made hour and minute hands come with lumi-
ing a God’s-eye view of the Northern these watches for years. The most exclu- nescent strips so they’re easier to read
Hemisphere, with the North Pole at sive option just might be the Ulysse Nardin against the busy background. Those clear
the center of the dial. It’s a look that Executive Moonstruck Worldtimer, avail- sightlines do not, however, extend to the
conjures the international glamour of able in two limited 100-piece editions, continent of Antarctica, which is blotted
a worldwide network of connections— one platinum, the other rose gold. Not out on the dial’s map by a date subdial.
business dinners in Dubai, old friends content to combine the pleasures of But who cares? The context down there
in the Azores, urgent appointments horology and cartography, this one also calls for a field watch, and penguins
in Mexico, Moscow, and the Midway throws astronomy and oceanography into don’t even have wrists to wear its attrac-
Islands. Glancing at the map, a captain the mix. The 46-millimeter model depicts tive brown-leather strap anyway. 
of industry feels like he’s at the wheel the motion of the moon and sun in rela-
of a ship charting a circumnavigatory tion to the Earth—as well as the phases
PHOTOGRAPH BY JANELLE JONES; PROP STYLIST: GOZDE EKER

course—or maybe, in a naughtier fantasy, of the moon and the ebb and flow of From left to right:
like a supervillain plotting global domi- the tides. And push-buttons at 8 o’clock Jaeger-LeCoultre Geophysic
nation from his wrist. and 10 o’clock allow even the groggiest Tourbillon Universal Time, price upon
For most of these timepieces, the globe-trotter to adjust the hour forward request; jaeger-lecoultre.com
hours are calculated by moving a bezel or backward with ease. Frederique Constant Classic
with a number of cities or countries This year, Patek Philippe, the house Manufacture Worldtimer, $4,195;
listed on it. You line up your location where worldtimers began, has rendered frederiqueconstant.com
at the 12 o’clock position, usually using its 7130G Ladies’ World Time in a new Ulysse Nardin Executive Moonstruck
the crown on the side of the watch. As color, meaning a woman can enjoy Worldtimer in platinum, $75,000;
the day goes on, a smaller interior bezel this 36mm masterpiece in white gold, ulysse-nardin.com
marked with hours 1 through 24 slowly with a delicately etched dial of radiant Patek Philippe 7130G Ladies’ World Time,
rotates. By looking at where a city falls blue. Granted, she’s not an everyday $45,700; patek.com
CRITIC Bloomberg Pursuits December 11, 2017

Office Posturing
Silicon Valley’s newest “it” chair shows how much has changed since
the Aeron was introduced 20 years ago. By Cliff Kuang

If you know one office chair by name, desk for hours at a time, it flattered
it’s probably the Aeron. Released in Silicon Valley’s myth of the jacked-in
1994, its radical, high-tech exoskeleton programmer reinventing the world
design was a sensation, and the chair from a keyboard. Whereas the Aeron
went on to become that rare piece o viewed sitting at a desk as the key
furniture to emerge as a pop-culture to productivity, the Pacific assumes
signifier. In 1995 it appeared as the lone your best work isn’t done in front of
piece of set decoration in a Levi Strauss a screen.
& Co. Super Bowl commercial; later, it “Office furniture has always been
served as a plot point in an episode of designed to look like an extension of
Will & Grace. what your boss expects you to do,”
Nathan Myhrvold, then the chief says Jay Osgerby, co-founder of Barber
technology officer of Microsoft Corp., & Osgerby, the London studio behind
argued in a 1998 issue of Vanity Fair the Pacific. In 2012, when Vitra put out
that owning an Aeron chair wasn’t so a call for a chair that would anticipate
different from owning a private jet: the office of the future, Osgerby and
They were both about investing in his design partner, Edward Barber,
78
your own comfort. “The Aeron was were intrigued by the way hotels such
a symbolic way to attract talent and as the Ace had turned their lobbies
people during the dot-com era,” says into magnets for young people—not
Primo Orpilla, co-founder of Studio for their DJs and mixed drinks, but as
O+A, which has designed offices for Uber Technologies, Yelp, work spaces. “We wanted something that wasn’t screaming
and Microsoft. “Companies said, ‘You’ve got an Aeron chair, we ‘work,’ ” Barber says. Their chair’s soft lines and proportions
care about your health.’” are based on a Samoan adz, a tool with a curved blade, that
The Pacific, a task chair from Swiss furniture giant Vitra Barber found in a New Zealand antique shop.
that hits the market this winter, illustrates how ideas about Its quiet good looks jibe with the prevailing philosophy that
work have changed since then. For one, it shuns Aeron’s stan- happenstance and freedom beget innovation. Today’s office
dardized look. Instead, you’re expected to customize the designers are more apt to tout ad hoc conference areas and
sleek, minimal Pacific before you place an order. It comes in nooks where workers can find their rhythm. “For the new gen-
three backrest heights and a plastic or aluminum finish; it can eration, the blurring of work and life is at an all-time high,”
be upholstered with four fabrics in dozens of hues, ranging says Orpilla, the office designer. If the Aeron was a destination
from pale pink to sandy beige. There are also two types of of optimized comfort in a sea of cubicles, the Pacific is meant
leather—including one in a smooth cowhide with a flat grain to be a pit stop during your workday. It has far to go to dupli-
and fine top sheen—in an additional 22 colors. The base price cate the Aeron’s success—1,500 of the latter are sold every day,
is $1,185, but a high-backed, premium caramel leather version making it 7 million since 1994. A new one pops off the assem-
runs closer to $3,500. bly line every 17 seconds.
More telling, however, is the “skirt” extending the backrest But the Pacific has already racked up what might be the
down past the seat to hide the ergonomic controls that adjust highest honor any design can receive in 2017: Its first customer
ILLUSTRATION BY TSJISSE TALSMA; CHAIR COURTESY VITRA

height and set the amount of tension you want in was Jony Ive, Apple Inc.’s chief design officer. Ive is
the recline. Unlike the Aeron, which proudly empha- friends with Barber and Osgerby; during a social visit
sizes its machinelike performance with visible levers, soon after they landed the Vitra commission, they
a monolithic graphite finish, and a texture meant sketched their early idea for him. Ive, as it happened,
to evoke industrial parts, the Pacific’s functionality
y wasn’t finding any chairs he liked for Apple’s new
is tucked away. It looks like a chair that could be in 12,000-person headquarters designed by architect
your living room. Norman Foster. “He looked, raised an eyebrow, and
It’s also not quite as comfortable. The Aeron’s said, ‘That’s interesting,’ ” Osgerby recalls. Ive even-
mesh fabric, a breathable material called pellicle, tually ordered one for every office desk on campus,
was a manufacturing breakthrough that required a each fitted with a custom-made fabric in a serene,
patent. Built to provide support for coders at their deep-sea blue. 
THE ONE Bloomberg Pursuits December 11, 2017

79

Elan THE COMPETITION


All-mountain skis, meant to perform under a wide

Ripstick
variety of conditions, are the largest category on
the market. The $799 Nordica Enforcer 100s have a
more traditional metal construction, which yields a

96
dampened feel. At $650, the narrow Blizzard Brahmas
are adept at making tight turns on groomed trails or
between trees. Retailing for $1,150, the handmade,

Skis
burly Kastle BMX 105 HPs charge hard in open terrain.
The Ripstick 96s, with paulownia, poplar, and birch
wood cores, fall near the middle of the price range.

THE CASE
On the slopes, the skis are light, easy to maneuver,
and extremely forgiving. Even if you’re caught
off-balance and in a potentially perilous situation,
THE CHARACTERISTICS the carbon tubing along the edges makes it easy to
Elan d.o.o., the only major ski manufacturer in Slovenia, was founded muscle around and regain your line. That said, the
A powerful in 1945. In 1988 it famously introduced the first pair of hourglass- Ripsticks have plenty of power. On groomed trails in
all-mountain shaped parabolic skis, which make it easier to turn at low speeds. In Utah’s Deer Valley they made clean, racelike arcs; on
2015 the company reaffirmed its position as an industry innovator moguls at nearby Snowbasin they provided plenty of
option for any by designing the off-piste-friendly, all-mountain Ripsticks with pop in and out of turns; and in Wyoming’s Jackson
type of snow a designated left and right ski. The inside turning edges of the Hole they were wide enough to float in about a foot
$800 skis are built with traditional camber construction, providing of powder. That kind of range gives the skis great
Photograph by ample grip on ice, and the tips of the outside edges are bent upward value, whether you’re an intermediate or expert.
Janelle Jones like a rocker for an easier glide through variable snow. Elan Ripstick 96 skis, $800; ripstick.elanskis.com
Bloomberg Pursuits December 11, 2017

GAME CHANGER

Chris Meledandri
The man behind the Minions has Disney in his sights
By Christopher Palmeri and Anousha Sakoui

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SHORTLY AFTER COMCAST and insanely hysterically
Corp.’s Universal Pictures funny characters,” he says.
acquired DreamWorks After graduating from
Animation SKG Inc. for Dartmouth, Meledandri
$3.8 billion last year, the worked for producer Daniel
media giant’s executives Melnick and Paramount
offered Chris Meledandri, Pictures chief Dawn Steel
the head of Illumination before moving to 20th Century
Entertainment Inc., which pro- Fox, where he delivered the 2002
duced the Despicable Me movies, an hit Ice Age, a quasi road movie about
opportunity to also oversee the Shrek prehistoric animals. He built interest
and Kung Fu Panda franchises. for it by releasing a dialogue-free excerpt
For many studio chiefs, it would’ve been a that detailed Scrat’s attempts to store acorns.
dream job, the kind of dual-management role that The full-length movie went on to earn $383 million
John Lasseter once played at both Pixar Animation Studios worldwide and has become a durable franchise. Meledandri
and Walt Disney Animation Studios. (Lasseter is now on a took the lesson to heart, and today 100 people at Illumination
six-month sabbatical after allegations of improper behav- work solely on extra promotional content.
ior.) Meledandri declined, taking a senior advisory role at When he left Fox to start his own studio in 2007, Meledandri
DreamWorks but continuing to spend the bulk of his time at was told by movie industry colleagues that he’d never build a
the animation studio he founded 10 years ago. long-term business in the Disney-dominated field. Many are
His mission, Meledandri says, is “to make you feel good in a still surprised, he says, to find out that his 2015 film Minions
world where so many things don’t.” Illumination’s eight films is the second-highest-grossing animated picture of all-time,
have grossed $5.7 billion worldwide; two of them—Minions and at about $1.2 billion, behind only Disney’s Frozen. Despicable
Despicable Me 2—are the most profitable movies in Me 3, meanwhile, has taken in $1 billion worldwide
Universal’s 105-year history. and is the top-grossing animated movie of 2017—
DreamWorks co-founder Jeffrey Katzenberg is a b. 1959, New York more than twice the haul of Pixar’s Cars 3, though
fan, citing characters such as Despicable Me’s Minions - both came out in June. “The shadow of Disney is
ILLUSTRATION BY SAM KERR

As a young studio gofer,


and Scrat, the saber-toothed squirrel from Ice Age, met Billy Wilder and so large and looms so powerful that it’s shocking
which Meledandri also executive produced, as exam- Samuel Goldwyn Jr. when we go head-to-head with them and we beat
ples of his profitable creativity. “Chris is one the great - them,” Meledandri says. He says he’s working on
His most epic bomb
storytellers of our time, but what puts him in a class was Titan A.E., which Minions 2 and has a strong idea for Despicable Me 4.
all by himself is his genius for creating memorable lost $100 million “We’re not running out of steam so far.” 

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